LIBRARY OF CONGRESS.^ 



020 312J141 



Hollinger Corp. 



>■ 



>' 



STATE PROPERTY 



THIS BOOK 

To be delivered to Successor in Office 
or School 



STATE OF NEVADA 



The School 
Law-1909 



Compiled and Issued by the 

Superintendent of Public Instruction 

June, J 909 



Printed at the 

State Printing Office, Carson City 

J. G. McCarthy, State Printer 



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S.A 



,o.A 



SCHOOL OFFICERS OF NEVADA. 1909. 



SUPERINTENDENT OF PUBLIC INSTRUCTION: 

Orvis Eing Carson City 

STATE BOARD OF EDUCATION: 

His Excellency D. S. Dickerson, President ^ Carson City 

Dr. J. E. Stubbs, President of the University of Nevada Eeno 

Orvis Ring, Superintendent of Public Instruction, Secretary Carson City 

REGENTS OF THE UNIVERSITY OF NEVADA: 

Frank Williams Good Springs 

Charles B. Henderson Elko 

John Sunderland, Jr. Reno 

A. A. CoDD Goldfield 

J. J. Sullivan Virginia City 

Geo. H. Taylor, Secretary of the Board Reno 

PRESIDENT OF THE UNIVERSITY OF NEVADA: 

J. E. Stubbs, M.A., LL.D., D.D Reno 

DEPUTY SUPERINTENDENTS OF PUBLIC INSTRUCTION: 

Name. Address. District. 

G. E. Anderson Elko First District 

A. B. LiGHTFOOT Eureka Second District 

J. F. Abel Winnemucca Third District 

J. E. Bray Reno Fourth District 

G. C. Ross - Tonopah Fifth District 

D. OF D. 

FEB 28 (910 



EXPLANATORY. 



This compilation of the School Laws is made in compliance with the 
statute which provides that the State Superintendent of Public Instruc- 
tion "shall prepare pamphlet copies of the School Law and all amend- 
ments thereto, and shall transmit a copy thereof to each School Trustee, 
School Marshal, and school teacher in the State. ' ' 

The work is arranged by chapters, each chapter comprising an Act as 
it was passed by the State Legislature. The full title of each law is 
given, together with the date of approval and the page of the Statutes, 
for that year, on which it may be found. Amendments are embodied in 
the law with proper references as to date and page. 

The attention of all school officers is called to the compulsory educa- 
tion law (Chapter XVII), and to the law regarding dependent children 
(Chapter XVIII). 



Superintendent of Puhlic Instruction. 



TABLE OF CONTENTS. 



Chapter. Title of Act. Page. 
Constitutional provisions, Article XI 9 

l....An Act to define the constitution, organization, powers, and duties of the 
State Board of Education, and matters properly connected therewith. 
Approved March 16, 1895, p. 81 " 13 

2. -..An Act to provide for a reorganization of the system of school supervision 
and maintenance, to repeal all Acts and parts of Acts in conflict there- 
with, and matters properly connected therewith. Approved March 29. 
1907, p. 379 14 

3.. ..An Act to create a State Text-Book Commission and to authorize said Com- 
mission to adopt a uniform series of text-books for the public schools of 
Nevada, and matters properly connected therewith. Approved March 22, 
1907, p. 217 40 

4....An Act to provide books, equipment, and materials, and to encourage the 
economic use thereof by the pupils of the public schools, and fixing pen- 
alties for its infraction. Approved March 22, 1909, p. 156 45 

5— -An Act providing for the date of election of School Trustees, and other 

matters properly connected therewith. Approved March 16, 1909, p. 124.. 47 

6— -An Act to provide for the election of School Trustees, and matters properly 

connected therewith. Approved March 16, 1897, p. 100 48 

7— -An Act to amplify the powers of Boards of School Trustees. Approved 

March 20, 1901, p. 97 51 

8.. ..An Act permitting the establishment of County High Schools in the various 
counties of this State, and providing for the construction, maintenance, 
management, and supervision of the same, to repeal all Acts and parts 
of Acts in conflict herewith, and matters properly connected therewith. 
Approved March 24, 1909, p. 241 52 

9--. -An Act for the establishment of Normal Training Schools, and for the 

maintenance and control of the same. Approved March 20, 1909, p. 174.. 56 

10— -An Act to provide for Union School Districts, and matters properly con- 
nected therewith. Approved March 3, 1909, p. 49 58 

11— -An Act to authorize Boards of County Commissioners to enlarge the bound- 
aries of certain school districts, or to consolidate two or more into one, 
and matters properly connected therewith. Approved March 11, 1909. 
p. 87 ! 59 

12.— An Act to provide an Emergency School Fund for new school districts, 
prescribing its use and manner of disbursement, and other matters prop- 
erly connected therewith. Approved February 13. 1909, p. 20 59 

13. ..An Act to provide for the disposal of funds and property of abolished school 

districts. Approved March 5, 1909, p. 70 61 

14--An Act to amend an Act entitled "An Act to enable the several school dis- 
tricts of the State to issue negotiable coupon bonds for the purpose of 
erecting and furnishing school buildings, or purchasing ground, or for 
refunding floating funded debts, and providing for the payment of the 
principal indebtedness thus authorized and the interest thereon," approved 
March 12, 1907. Approved February S. 1908, p. 34 62 



6 TABLE OP CONTENTS. 

Chapter. Title of Act. Page. 

15.. ..An Act to enable school districts to issue negotiable coupon bonds for the 
purpose of erecting, furnishing, equipping, and maintaining buildings for 
industrial training, manual training, domestic science, and agriculture, 
or any one or all of these purposes, and providing for the payment of 
the principal indebtedness and the interest thereon, and other matters 
properly connected therewith. Approved March 16, 1909, p. 122 65 

16.. ..An Act to protect the security of school bonds. Approved March 13, 1909, 

p. 94 65 

17.. ..An Act providing for compulsory education, and other matters properly 
connected therewith, providing for penalties for the violation of any of 
the provisions thereof, and repealing any and all prior laws on the sub- 
ject of compulsory education. Approved March 20, 1909, p. 147 66 

IS... .An Act relating to children who are now or who may hereafter become 
dependent, neglected, or delinquent, to define these terms and to provide 
for the treatment, control, maintenance, protection, adoption, and guard- 
ianship of the person of such child or children. Approved March 24, 
1909, p. 229 69 

19.... An Act to secure protection to school children and to preserve the peace of 
public schools, and matters properly connected therewith. Approved 
March 6, 1893, p. 106 79 

20.. ..An Act to prevent malicious injury to church, school, and other buildings 
and property, and to protect persons from malicious annoyance, and 
matters properly relating thereto. Approved March 13, 1895, p. 63 SO 

21.. ..An Act to regulate the location, equipment, or maintenance of hospitals. 

Approved March 29, 1907, p. 430 SO 

22... .An Act to regulate houses of prostitution, dance-houses, and houses where 
beer, wine, or spirituous liquors are sold. Approved February 26, 1887, 
p. 84 81 

23... .An Act authorizing the owners of land to lay out and plat such land into 
lots, streets, alleys, and public places, and providing for the approval and 
filing of maps or plats thereof. Approved March 13, 1905, p. 223 81 

24.. ..An Act to exempt teachers from jury duty. Approved March 14, 1903, 

p. Ill 82 

25.... An Act to require School Trustees to procure and hoist on public school- 
houses the United States flag. Approved March 13, 1909, p. 100 82 

26... .An Act adopting the design of the flag of the State of Nevada. Approved 

February 25, 1905, p. 42 83 

27.. ..An Act establishing Arbor Day. Approved February 10, 1887; p. 51 So 

28... .An Act to fix the name of the State University of Nevada. Approved 

March 29, 1907, p. 433 S3 

29.... An Act relating to the State University, and matters properly connected 

therewith. Approved February 7, 1887, p. 42 84 

30.. ..An Act supplemental to an Act entitled "An Act relating to the State Uni- 
versity, and matters properly connected therewith," approved February 
7, 1887. Approved March 16, 1895, p. 76 87 

31.... An Act creating the Honorary Board of Visitors of the Nevada State Uni- 
versity, and other matters relating thereto. Approved March 11, 1895, 
p. 40 88 

32.. ..An Act creating a School of Mines, to be located at Virginia City, State of 

Nevada. Approved March 20, 1903, p. 211 89 

33... .An Act to provide for the education of the deaf and dumb, and the blind 

of the State of Nevada. Approved March 2, 1S69, p. 103 89 



TABLE OF CONTENTS. ( 

Chapter. Title of Act. Page. 

34.... An Act to provide for free public libraries, and other matters relating 

thereto. Approved March 16, 1S95, p. 79 90 

35.... An Act to provide revenue for the support of the Government of the State 
of Nevada, and to repeal certain Acts relating thereto. Approved March 
23, 1891, p. 135 92 

36... .An Act to amend an Act entitled "An Act in relation to the State Library," 

approved February 14, 1865. Approved March 29, 1907, p. 372 92 

37....An Act providing that ten per cent of proceeds from fees which issue to 
the counties from national forest reserves be paid into the county school 
fund of the county in which such fees may be collected. Approved March 
29, 1907, p. 415 93 

38....An Act to fix the state tax levy, and to distribute the same in the proper 

funds. Approved March 20, 1909, p. 141 94 

39.. ..An Act making appropriations for the support of the Civil Government of 
the State of Nevada for the fiscal years 1909 and 1910. Approved March 
22, 1909, p. 162 94 

40.. ..An Act to provide for the dissemination of knowledge in the public schools 
relative to the preservation of song-birds, fish, and game. Approved 
March 12, 1901, p. 56 95 

Appendix — Fish and Game Laws, and special laws relating to school mat- 
ters passed in 1909 97 



CONSTITUTIONAL PROVISIONS. 



ARTICLE XI. 

EDUCATION. 

Superintejident, When Elected — Term of Office. 

Section 1. The Legislature shall encourage, by all suitable means, 
the promotion of intellectual, literarj^ scientific, mining, mechanical, 
agricultural, and moral improvements ; and also provide for the election 
by the people, at the general election, of a Suj^erintendent of Public 
Instruction, whose term of office shall be two years from the first Mon- 
day of January, A. D. eighteen hundred and sixty-five, and until the 
election and qualification of his successor, and whose duties shall be 
prescribed by law. 

System to he Uniform. 

Sec 2. The Legislature shall provide for a uniform system of com- 
mon schools, by which a school shall be established and maintained in 
each school district for at least six months in every year ; and any school 
district neglecting to establish and maintain such a school, or which 
phall allow instruction of a sectarian character therein, may be deprived 
of its proportion of the interest of the Public School Fund during such 
neglect or infraction ; and the Legislature may pass such laws as will 
tend to secure a general attendance of the children in each school dis- 
trict upon said public schools. 

Lands and Funds Pledged to Educational Purposes — Escheated Estates 
and Fines Pledged to Educational Purposes — Interest Only to he 
Used — May he Appropriated for State University. 
Sec. 3. All lands, including the sixteenth and thirty-sixth sections 
in any township donated for the benefit of public schools in the Act of 
the Thirty-eighth Congress, to enable the people of Nevada Territory to 
form a State Government, the thirtj^ thousand acres of public lands 
granted by an Act of Congress, approved July second, A. T>. eighteen 
hundred and sixty-two, for each Senator and Representative in Con- 
gress, and all proceeds of lands that have been or maj^ hereafter be 
granted or appropriated by the United States to this State, and also 
the five hundred thousand acres of land granted to the new States 
under the Act of Congress distributing the proceeds of the public lands 
among the several States of the Union, approved A. D. eighteen hun- 
dred and forty-one ; provided, that Congress make provision for or 
authorize such diversion to be made for the purpose herein contained; 
all estates that may escheat to the State ; all such per centum as may 
be granted by Congress on the sale of lands ; all fines collected under 



10 SCHOOL LAWS OF NEVADA. 

the penal laws of the State; all property given or bequeathed to the 
State for educational purposes, and all proceeds derived from any or 
all of said sources, shall be and the same are hereby solemnly pledged 
for educational purposes, and shall not be transferred to any other 
fund for other uses ; and the interest thereon shall, from time to time, 
be apportioned among the several counties as the Legislature may pro- 
vide by law ; and the Legislature shall provide for the sale of floating 
land warrants to cover the aforesaid lands, and for the investment of 
all proceeds derived from any of the above-mentioned sources, in United 
States bonds, or the bonds of this State, or the bonds of other States 
of the Union ; provided, that the interest only of the aforesaid proceeds 
shall be used for educational purposes, and any surplus interest shall 
be added to the principal sum ; and provided further, that such portions 
of said interest as may be necessary may be appropriated for the sup- 
port of the State University. [As amended — Fifth Amendment.] 

TJniversUy. 

Sec 4. The Legislature shall provide for the establishment of a 
State University, which shall embrace departments for agriculture, 
mechanic arts, and mining, to be controlled by a Board of Kegents, 
whose duties shall be prescribed by law. 

Normal Schools. 

Sec. 5. The Legislature shall have power to establish normal schools, 
and such different grades of schools, from the primary department to 
the University, as in their discretion they may deem necessary, and all 
professors in said University, or teachers in said schools, of whatever 
grade, shall be required to take and subscribe to the oath as prescribed 
in Article XV of this Constitution. No professor or teacher who fails 
to comply with the provisions of this section shall be entitled to receive 
any portion of the public moneys set apart for school purposes. 

Special Tax Provided for Educational Purposes. 

Sec. 6 The Legislature shall provide a special tax, which shall not 
exceed two mills on the dollar of all taxable property in the State, in 
addition to the other means provided for the support and maintenance 
of said University and common schools. [As amended — Sixth Amend- 
ment.] 

Board of Regents. 

Sec. 7. The Governor, Secretary of State, and Superintendent of 
Public Instruction shall, for the first four years, and until their succes- 
sors are elected and qualified, constitute a Board of Regents, to control 
and manage the affairs of the University and the funds of the same, 
imder such regulations as may be provided by law. But the Legisla- 
ture shall, at its regular session next preceding the expiration of the 
term of office of said Board of Regents, provide for the election of a 
new Board of Regents, and define their duties. 

Duties of Regents. 

Sec. 8. The Board of Regents shall, from the interest accruing from 
the first funds which come under their control, immediately organize 



SCHOOL LAWS OF NEVADA. 11 

and maintain the said mininci" department in such manner as to make it 
ilie most effective and useful; provided, that all the proceeds of the 
public lands donated by Act of Congress, approved. July second, A. D. 
(•iehteen hundred and sixty-two. for a college for the benefit of agricul- 
ture, the m.echanic arts, and including military tactics, shall be invested 
by the said Board of Eegents in a separate fund, to be appropriated 
exclusively for the benefit of the first-named departments of the Uni- 
versity, as set forth in section four above ; and the Legislature shall pro- 
vide that, if through neglect or any other contingency, any portion of 
the fund so set apart shall be lost or misappropriated, the State of 
Nevada sliall replace said amount so lost or misappropriated in said 
fund, so that the principal of said fund shall remain forever undi- 
minisiied. 

Sectarianism Prohibited. 

Sec. 9. No sectarian iDstruction shall be imparted or tolerated in 
any school or university that may be established under this Constitution. 

No Funds for Sectarian Purposes. 

Sec. 10. No public funds of any kind or character whatever, State, 
county, or municipal, shall be used for sectarian purposes. [Added by 
Second Amendment.] 



SCHOOL LAWS OF NEVADA. 



STATE BOARD OF EDUCATION. 



Chapter I — An Act to define the constitution, organization, powers, 
and duties of the State Board of Edvcation, and matters properly 
connected therewith. 

Approved March 16, 1895, p. 81. 

State Board of Education. 

Section 1. The State Board of Education shall consist of the Gov- 
ernor, the Superintendent of Public Instruction, and the President of 
the University. 

Officers of Board. 

Sec. 2. The Governor is the President, and the Superintendent of 
Public Instruction the Secretary of the Board. 

Time of Meeting. 

Sec. 3. The board shall meet at the call of the Secretary, but shall 
hold at least two meetings a year. [See also Chap. II, Sec. 2, eighth 
part.] 

Powers and Duties of Board. 

Sec. 4. The powers and duties of the board shall be as follows : 

Third — To prescribe and cause to be adopted the course of study in 
the public schools. 

Fourth — To recommend a list of books for district libraries. 

Sixth — To revoke for immoral conduct, or evident unfitness for teach- 
ing, any State diploma or any State or county certificate. 

Seventh — To have done by the State Printer any printing required by 
the board, such as the proceedings of the State Teachers' Institute, 
circulars of information to school officers or teachers, and blank forms. 

Eighth — To adopt and use in authentication of its acts an official seal. 

Ninth — To keep a record of its proceedings, wdiich shall be published 
biennially in the report of the Superintendent of Public Instruction. 

Eighteenth — All Acts and parts of Acts in conflict with this Act are 
hereby repealed. 

[Portions omitted are superseded by the Statutes of 1907.] 



14 SCHOOL LAWS OF NEVADA. 

SCHOOL ORGANIZATION. 



Chap. II — An Act to provide for a reorganization of the system of 
school supervision and maintenance, to repeal all Acts and parts of 
Acts in conflict thereivith, and matters properly connected there- 

^*'^^- Approved March 29, 1907, p. 379. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Election of Superintendent of Public Instruction. 

Section 1. The Superintendent of Public Instruction shall be elected 
quadrennially by the qualified electors of the State at the same time 
and in the same manner as the Governor is elected and shall hold office 
for the term of four years from the first Monday in January next after 
the election, and until his successor is elected and qualified. 

Duties of Said Officer — Visit Schools — Apportion School Fund — 
Apportion County Funds — Beport Biennially — Rules — Teachers' 
Institutes — Meetings of State Board of Education — Appoint Trus- 
tees- — Nominate Deputies — Printing. 

Sec. 2. The Superintendent of Public Instruction shall have power 
and it shall be his duty : 

First — To visit each county in the State at least once each year for 
the purpose of conducting teachers' institutes, visiting schools, consult- 
ing with school officers, and addressing public assemblies on subjects 
pertaining to the schools. 

Second — To apportion the General School Fund among the several 
counties as provided in section ninety of this Act. 

Third — To apportion the school funds of each county among its vari- 
ous districts as provided in section ninety-one of this Act. 

Fourth — To report to the Governor biennially, on or before the first 
day of December of the years preceding the regular session of the Legis- 
lature. The Governor shall transmit said report to the Legislature ; and 
whenever it is ordered published the State Printer shall deliver a suffi- 
cient number of copies to the Superintendent, who shall distribute the 
same among school officers of the State and of the United States. Said 
report shall contain a full statement of the condition of public instruc- 
tion in the State ; a statement of the condition and amount of all funds 
and property appropriated to the purpose of education; the number 
and grade of schools in each county; the number of children in each 
county between the ages of six and eighteen years of age ; the number 
of such attending public schools ; the number attending private schools ; 
the number attending no schools; the number under six years of 
age; the number between eighteen and twenty-one years of age; 
the amount of public school moneys apportioned to each county; the 
amount of money raised by county taxation, district tax, subscription or 
otherwise, by any city, town, district, or county, for the support of 
schools therein ; the amount of money raised for building schoolhouses ; 
a statement of plans for the management and improvement of public 
schools ; and such other information relative to the educational interests 
of the State as he may think of importance. 



SCHOOL LAWS OF NEVADA. 15 

Fifth — To prescribe suitable rules and regulations for making all 
reports and conducting all necessary proceedings under this Act and to 
furnish suitable blank forms for the same ; to cause the same, with such 
instructions as he shall deem necessary and proper for the organization 
and government of schools, to be transmitted to the local school officers, 
who shall be governed in accordance therewith. He shall prepare a con- 
venient form of school register for the purpose of securing accurate 
returns from the teachers of public schools, and shall furnish each school 
district in the State with such registers. He shall prepare pamphlet 
copies of the school law and all amendments thereto, and shall transmit 
a copy thereof of each School Trustee, School Marshal, and school 
teacher in the State. 

Sixth — To convene a State Teachers' Institute biennially in the even- 
numbered years in such place and at such time as he may deem advisa- 
ble. It shall be his further duty to convene five District Teachers' 
Institutes in the various sections of the State biennially in the odd- 
numbered years in such places and at such times as he may deem advis- 
able. He shall engage such institute lecturers and teachers as he shall 
deem advisable, and shall preside over and regulate the exercises of all 
State and District Institutes. No institute shall continue less than four 
nor more than ten days. The expense incurred in holding such insti- 
tutes shall be paid out of the State General Fund; provided, that the 
amount for the State Institute shall not exceed two hundred dollars nor 
the amount of any one District Institute one hundred and fifty dollars, 
and the State Controller is hereby authorized and directed to draw his 
warrants for the same upon the order of the Superintendent of Public 
Instruction. All teachers shall be rec^uired to attend the District Insti- 
tutes held in the supervision districts in which they may be teaching 
respectively, unless they shall be excused for good cause by the Superin- 
tendent of Public Instruction, and without loss of salary for the time 
thus employed. 

Seventh — To call, with the approval of the Board of County Com- 
missioners, a County Teachers' Institute in any county at such time and 
place as in his judgment will best subserve the educational interests of 
the county, and to preside over and regulate the exercises of the same. 
The expenses of such institute shall be paid out of the County General 
Fund of the county in which such institute is held ; provided, that the 
Board of County Commissioners shall authorize such institute upon the 
application of the Superintendent of Public Instruction ; and provided, 
that such expenses shall not exceed the sum of one hundred dollars. 
All teachers shall be required to attend any County Institute held in 
the counties in which they shall be teaching respectively, unless excused 
for good cause by the Superintendent of Public Instruction, and with- 
out loss of salary for the time thus employed. 

Eighth — To call meetings of the State Board of Education in Janu- 
ary and July of each year and at such other times as he shall deem 
proper or when two members of said board shall request a meeting. 

Ninth — To appoint School Trustees in all districts in which the quali- 
fied voters fail to elect, and to fill by appointment all vacancies occur- 
ring in said office. 



16 SCHOOL LAWS OF NEVADA. 

Tenth — To nominate Deputy Superintendents of Public Instruction 
for appointment by the State Board of Educatioii. 

Eleventh — To perform such other duties relative to the public schools 
as may be prescribed by law. 

Twelfth — To have done at the State Printing Office any printing 
required under this Act. 

Deliver Property. 

Sec. 3. The Superintendent of Public Instruction shall, at the expi- 
ration of his term of office, deliver to his successor all property and 
effects belonging to his office and take a receipt for the same. 

DEPUTY SUPERINTENDENTS OF PUBLIC INSTEUCTION. 

Office of County Superintendent Aholislied. 

Sec. 4. The office of County Superintendent of Public Schools either 
as a separate office or as an ex officio office shall be, and hereby is, 
abolished for all counties in this State on and after the thirty-lirst day 
of August, 1907 ; provided, that the ex officio County Superintendent 
shall make the reports for the school year ending on the thirtv-first day 
of August, 1907. 

Deputy Superintendents — Supervision Districts. 

Sec. 5. Upon the nomination of the Superintendent of Public 
Instruction the State Board of Education shall, on or before the first 
Monday in December, 1907, and each fourth year thereafter, appoint 
one Deputy Superintendent of Public Instruction for each Supervision 
District as hereinafter provided for, and such appointee shall be a bona 
fide resident of the district for which he is appointed. At the time of 
such appointment and during his term of office, such appointee shall 
take office on the first Monday in September and shall serve for a period 
of four years ; provided, that in case any nominee of the State Superin- 
tendent is unsatisfactory to the board another nomination or nomina- 
tions shall be made to the satisfaction of the board. In case a vacancy 
shall occur in the office of Deputy Superintendent of Public Instruction, 
the State Board of Education shall in like manner make an appoint- 
ment for the unexpired term. The Deputy Superintendents of Public 
Instruction shall devote their entire time to school supervision and shall 
not engage in other work while holding this office. 

Qualifications of Deputies. 

Sec. 6. Any person holding a teacher's certificate of high-school 
grade and who shall have had not less than forty-five months successful 
experience in teaching, at least nine months of which shall have been 
in the State of Nevada, shall be eligible to appointment as Deputy 
Superintendent of Public Instruction, and no others shall be eligible to 
such appointment. 

Duties of Deputies. 

Sec. 7. It shall be the duty of each Deputy Superintendent to visit 
each school in his district at least twice a year, to examine the records 
and observe the work of each school carefully, to advise with teachers 



SCHOOL LAWS OF NEVADA. 17 

as to organization, management and teaching, to inspect school build- 
ings, libraries, and apparatus, to confer with Trustees and county offi- 
cers as to the condition and needs of their schools, to hold teachers' 
meetings, to assist at State, District, and County Institutes, and other- 
wise advance the educational interests of his district. The Deputy 
Superintendent of Public Instruction shall act as deputy examiner at 
teachers' examinations, as member of the Board of Educational Exam- 
iners and shall assist the State Board of Education in preparing courses 
of study. He shall attend the meetings of the State Board of Educa- 
tion to furnish information pertaining to the schools of his district 
when said board shall so order. He shall, under the direction of the 
State Board of Education, examine the records and financial accounts 
of each school district and shall, in his report to said Board of Educa- 
tion, state whether or not the law has been complied with in every case, 
specifically calling attention to any violations of law. He shall make 
such written reports and perform such other duties as may be required 
by the State Board of Education. 

Powers of Deputies. 

Sec. 8. Subject to the approval of the State Board of Education, 
the Superintendent of Public Instruction shall confer upon the Deputy 
Superintendents such power and authority to act in his name as he shall 
deem proper. 

State Board to Adopt Rules for Deputies. 

Sec. 9. The State Board of Education shall adopt such rules and 
regulations further defining the powers and duties of the Deputy Super- 
intendents of Public Instruction as shall, in its judgment, be needful to 
secure efficiency and coordination ; provided, that such rules and regula- 
tions shall be in accordance with the laws of this State. 

Removal. 

Sec. 10. The State Board of Education shall, upon the recommenda- 
tion of the Superintendent of Public Instruction, have power to remove 
Deputy Superintendents of Public Instruction from office for evident 
unfitness or for conspicuous failure to perform the duties of said office. 

CERTIFICATION OF TEACHERS. 

Teachers' Certificates. 

Sec. 11. No certificate or diploma authorizing any person to teach 
in the public schools of this State shall be issued by anj' officer or board 
except the State Board of Education, and the State Board shall issue 
only those classes and grades described in this Act; provided, however, 
that all teachers' certificates previously issued by legally constituted 
authorities shall remain valid for the time and under the conditions of 
the original issue unless revoked in accordance with law. 

Date and Place of Examinatio7is. 

Sec. 12. Examinations for teachers' certificates in this State shall 
be held in the several counties semi-annually, beginning on the second 
]\Ionday in January and July, and continuing not more than four days 

2 



18 SCHOOL -IjAWS of NEVADA. 

at any one examination ; provided, that the interest of the schools in any 
county shall require such examinations. The State Board of Educa- 
tion shall make provision for such other examinations at such times and 
places as in its judgment the public interest may require. 

Deputy Examiners — Compensation. 

Sec. 13. All examinations for teachers' certificates shall be con- 
ducted by deputy examiners, who shall act under the authority of the 
State Board of Education. It shall be the duty of the deputy exam- 
iners to send all examination papers to the Superintendent of Public 
Instruction without grading them. The Deputy Superintendents of 
Public Instruction shall act as deputy examiners in such counties in 
their respective districts as shall be designated by the Superintendent of 
Public Instruction, and the Superintendent of Public Instruction shall 
appoint in addition a sufficient number of deputy examiners to provide 
for all the counties of the State ; provided, that there shall not be more 
than two such deputy examiners in any one county. Deputy examiners 
other than the Deputy Superintendents of Puiblic Instruction shall 
receiA^e a compensation of five dollars a day, to be paid as other claims 
out of the State Greneral Fund. The State Board of Education shall 
prescribe such rules and regulations governing examinations as may be 
needful to secure uniformity and justice. 

[For appropriation for conducting examinations, see Chap. XXXIX, 
Sec. 90.] 

Begnlations Regarding Questions. 

Sec. 14. The questions used for written work in teachers' examina- 
tions shall be prepared by the State Board of Education, and shall be 
uniform throughout the State. Such examination questions shall be for- 
warded to the various deputy examiners throughout the State by the 
Superintendent of Public Instruction, so as to reach their destination 
immediately before the date set for the examination. Such questions 
shall be sent under the seal of the State Board of Education, the ques- 
tions on each subject being under separate seal, and no questions shall 
be opened by any deputy examiner or other person until the day and 
the hour set for the use of such questions, and this time shall be plainly 
specified under each seal. 

Primary Sdiool Certificate. 

Sec. 15. The primary-school certificate, good for U\o years, shall be 
issued upon satisfactory examination in the following subjects, and 
shall entitle the holder to teach in any school in which only primary 
branches are taught: Orthography, reading, grammar, written arith- 
metic, mental arithmetic, penmanship, physiology, history of the United 
States, civil government, geography, current news, drawing, theory and 
practice of teaching, and, at the discretion of the State Board of Educa- 
tion, music and the elements of chemistry and physics. 

Grammar-School Certificate. 

Sec. 16. The grammar-school certificate, good for three years, shall 
be issued upon satisfactory examination in the following subjects, and 



SCHOOL LAWS OF NEVADA. 19 

shall entitle the holder to teach in primary, grammar, or nnelassified 
schools : All the subjects designated for primary-school certificates, and 
in addition thereto, algebra, the first and second books of plane geom- 
etry. English histor3\ bookkeeping, physical geography, physics, chem- 
istry, and methods of teaching. [See also Chap. IX, Sec. 4.] 

Higli-ScJtool Certificate. 

Sec. 17. The high-school certificate, good for four years, shall entitle 
the holder to teach in any school, and shall be issued upon satisfactory 
examination in all the subjects mentioned in sections fifteen and sixteen 
of this Act. and. in addition thereto, botany. Latin, general history, 
English literature, plane geometry, astronomy, rhetoric, civil govern- 
ment, and the history and methods of teaching. 

Frovisioits Regarding Certificates. 

Sec. 18. Applicants who have taught successfully under any grade 
of certificate issued under this Act shall, Avhen applying for the next 
higher grade, be required to take only the studies of that grade ; pro- 
rich d. that any x>er.son. holding a primary-school certificate, in applying 
for a grammar-school certificate, need take only the additional branches 
named in section sixteen of this Act. 

Life Diplomas. 

Sec. 19. The State Board of Education shall grant a life diploma to 
any resident of the State of Nevada who shall present evidence of having 
taught successfully and continuously in the public schools of the State 
of Nevada for a period of seventy-two months. A life diploma granted 
rtuder this section shall be of the same grade as the certificate held by 
the applicant at the time of application for the diploma, and shall 
entitle the holder thereof to teach in any school in the State of Nevada 
of a grade corresponding to the grade of the certificate upon which the 
life diploma was granted. 

State Educational Diplomas. 

Sec. 20. State educational diplomas may be issued to such persons 
only as have held a certificate of high-school grade, and shall furnish 
satisfactory evidence of having l)een successfully engaged in teaching 
at least forty-five months in the public schools, twenty months of which 
must have been in Nevada. Every application for an educational 
diploma must l)e accompanied by a certified copy of a resolution adopted 
by the Board of School Trustees of the district in which the applicant 
has taught at least one year. An educational diploma shall entitle the 
holder thereof to teach in any public scliool in the State of Nevada 
without further examination. 

Conditions of Issuance. 

Sec. 21. Life diplomas may be issued on all and the same conditions 
as educational diplomas, except that the applicant must furnish satis- 
factory evidence of having been successfully engaged in teaching 
seventy -two months in public schools, twenty-four of Avhich must have 



20 SCHOOL LAWS OF NEVADA. 

been in Nevada. A life diploma shall entitle the holder thereof to teach 
in any school in the State of Nevada without further examination. 

Different Certificates to Certain Graduates of Nevada State Normal 
School. 

Sec. 22. High-school certificates, good for five years, shall be issued 
to graduates of the Nevada State Normal School, advanced course. 
Grammar-school certificates, good for five years, shall be issued to grad- 
uates of the Nevada State Normal School, elementary course. To the 
graduates of the Nevada State Normal School who hold high-school cer- 
tificates, the State Board of Education shall grant a life diploma of 
high-school grade when said graduates shall have completed at least 
forty -five months of successful teaching in public schools. To all grad- 
uates of the Nevada State Normal School who hold a grammar-school 
certificate, the State Board of Education shall grant a life diploma of 
the grammar grade when said graduates shall have completed at least 
forty-five months of successful instruction in public schools. 

Other Graduates Privileged. 

Sec. 23. Graduates of universities, colleges, and normal schools 
approved by the State Board of Education shall be permitted to submit 
their credentials from such institutions, and to the extent that these 
credentials give evidence of scholarship and professional preparation 
they shall be accepted in lieu of examination. 

Life Certificates of Other States. 

Sec. 24. Any teacher holding a life certificate from another State 
shall be permitted to submit such certificate as evidence of his or her 
fitness for teaching, and if the State Board of Education shall be satis- 
fied that the State which issued such certificate maintains a high pro- 
fessional standard, said board may issue a certificate for teaching in 
this State of such grade as it shall deem proper. [Such credentials 
should be forwarded to the Superintendent of Public Instruction, Car- 
son City, Nevada.] • 

All Papers Graded l>y Board of Educational Examiners. 

Sec. 25. All examination papers for teachers' certificates shall be 
examined and graded under the authority of the State Board of Educa- 
tion by the Board of Educational Examiners, which shall consist of at 
least two members of the State Board of Education, the Deputy Super- 
intendents of Public Instruction, and such other persons, not to exceed 
three in number, as may be appointed by the Superintendent of Public 
Instruction. The Board of Educational Examiners shall certify the 
grade of each applicant in each subject to the State Board of Educa- 
tion. Persons appointed by the Superintendent of Public Instruction 
as members of the Board of Educational Examiners shall receive com- 
pensation at the rate of five dollars a day for the time actually employed 
in such service, to be paid out of the State General Fund in the usual 
manner. 

Special Certificates. 

Sec. 26. The State Board of Education shall grant special certifi- 



SCHOOL LAWS OF NEVADA. 21 

cates valid for teaching music, drawing, manual training, penmanship, 
kindergarten work, or any specified foreign language, provided that it 
shall be satisfied that the applicant is qualified to teach such special 
subject. The board shall determine as to the fitness of the applicant by 
whatever method shall appear to be most appropriate. Such certificate 
shall be valid for two years. A special certificate shall entitle the holder 
to teach only the subject or subjects mentioned in the certificate. 

Temporary Certificates — Restriction. 

Sec 27. The State Board of Education may, at its discretion, issue 
temporary certificates without examination ; provided, that such certifi- 
cate shall be issued only upon request of the Board of School Trustees 
of a school district in this State, and that such certificate shall be valid 
only in the district from which the request is made, and such certificate 
shall be valid only until the next teachers' examination held in the 
county in which such jjerson shall be teaching. If any member of the 
Board of School Trustees making the above-mentioned request is a mem- 
ber of the family or a near relative of the applicant, the certificate shall 
not be granted. Not more than one temporary certificate shall be 
granted to any one person. 

Age Limit. 

Sec. 28. No certificate authorized by this Act shall be issued to any 
person under sixteen years of age. 

duties of teachers. 
Teacher Must Be Legally Employed. 

Sec. 29. No teacher shall be entitled to receive any portion of the 
public school moneys as compensation for services rendered, unless such 
teacher shall have been legally emploj^ed by the Board of Trustees, nor 
unless such teacher shall have a certificate issued in accordance with 
law, in full force and effect at the time such service is rendered, nor 
unless such teacher shall have made a full and correct report, in the 
form and manner prescribed by law, to the Superintendent of Public 
Instruction and to the Board of School Trustees. 

Teachers to Take Official Oath. 

Sec. 30. Each and every teacher employed in this State, whose com- 
pensation is payable out of the public funds, shall take and subscribe 
to the oath as prescribed by the fifteenth article of the State Constitu- 
tion before entering upon the discharge of the duties of such teacher. 
Such oath, when so taken and subscribed to, shall, if that of a teacher 
in the State University, be filed in the office of the Board of Regents; 
if of any other class of teachers, the same shall be filed in the office of 
the Superintendent of Public Instruction. 

The oath is as follows: 

I , do solemnly swear (or affirm) that I will support, 

protect, and defend the Constitution and Government of the United 
States, and the Constitution and Government of the State of Nevada, 
against all enemies, whether domestic or foreign, and that I will bear 
true faith, allegiance, and loyalty to the same, any ordinance, resolution, 



22 SCHOOL LAWS OP NEVADA. 

or law of aii}^ State Convention or Legislature to the contrary notwith- 
standing ; and further, that I do this with a full determination, pledge, 
and purpose, without any mental reservation or evasion whatsoever. 
And I do further solemnly swear (or affirm) that I have not fought a 
duel, nor sent or accepted a challenge to fight a duel, nor been a second 
to either party, nor in any manner aided or assisted in such duel, nor 
been knowingly the bearer of such challenge or acceptance, since the 
adoption of the Constitution of the State of Nevada, and that I will not 
be so engaged or concerned, directly nor indirectlj^, in or about such 
duel, during my continuance in office. And further, that I will well and 

faithfully perform all the duties of the office of on which 

I am about to enter (if an oath), "so help me God" ; (if an affirmation) 
' ' under the pains and penalties of perjury. ' ' Sworn and subscribed to 

before me, a of the County of and State of 

Nevada, this day of , Anno Domini 

School Officers May Administer Oath. 

Sec. 31. The Superintendent of Public Instruction and the Deputy 
Superintendents of Public Instruction are hereby authorized to admin- 
ister the oath (or affirmation) to teachers and all other oaths (or affir- 
mations) relating to public schools. The Clerk of the Board of School 
Trustees is hereby authorized to administer the oath (or affirmation) to 
teachers and School Census Marshals. No officer shall receive any com- 
pensation for administering the oath (or affirmation) as provided in 
this section. 

School Register. 

Sec. 32. All teachers of public schools shall keep registers of all the 
scholars attending such schools, their age, daily attendance, and time of 
continuance at school, and such further statistics as may be reciuired by 
the Superintendent of Public Instruction, and shall deliver such regis- 
ters, at the close of their term of employment, to the Board of Trustees 
of their respective districts. 

BOARDS OF trustees OF SCHOOL DISTRICTS. 

[For Election of Trustees, see Chapters V and VI.] 

Meetings of Trustees — Duties of Clerk — Compensation. 

Sec. 33. It shall be the duty of the Board of Trustees, a majority 
of whom shall constitute a quorum for the transaction of business, to 
meet as soon as practicable after taking the oath of office, at such place 
as may be most convenient in the district, and to organize by appoint- 
ing one of their number President of the Board and another as Clerk. 
It shall be the duty of the President to preside at the meetings of the 
board. It shall be the duty of the Clerk to record the proceedings of 
the board in a book to be provided for the purpose ; and all such pro- 
ceedings, when so recorded, shall be signed by said Clerk. Said book 
shall at all times be subject to the inspection of any taxpayer in the dis- 
trict ; and said Clerk shall cause full minutes of the proceedings of each 
session of the board to be published in some newspaper having general 
circulation in the district; provided, that such publication can be had 
without expense to the district. In districts having a school population 



SCHOOL LAWS OF NEVADA. 23 

of three hundred or more and not exceeding one thousand the Clerk of 
the Board of Trustees may receive such salary as said board may allow; 
provided, that such salary shall not exceed ten dollars per month ; pro- 
vided, that in districts having a school population of one thousand or 
more the Clerk of the Board of Trustees shall receive not to exceed 
twenty-five dollars. 

Meetings Monthly. ' 

Sec. 34. In all school districts in which there are not less than three 
hundred school census children, as shown by the last preceding school 
census report, the Board of School Trustees shall hold a regular meeting 
at least once each month, at such time and place as it shall determine, 
and public notice of such meetings shall be given in one or more news- 
papers published in such district ; provided, that such notices can be 
published without cost to the district. 

Majority Vote to Legalize Action. 

Sec. 35. No action of the Board of School Trustees in any school 
district shall be valid unless such action shall receive the approval of a 
majority of the members of such board at a regularly called meeting. 
The Clerk of the Board shall give at least two days' notice of each meet- 
ing to each member of the Board of School Trustees, specifying the time 
and place of each meeting ; provided, that if all members of such board 
are present at such meeting the lack of such notification shall not invali- 
date its proceedings. 

Corporate Powers of School Trustees — State Superintendent to Approve 
Plans. 
Sec. 36. Each Board of Public School Trustees shall constitute a 
body corporate, and shall have care and custody of all school property 
within their district. They shall have power to convey by deed all 
estate or interest of their district in any schoolhouse or site directed to 
be sold by vote of the district. It shall be their duty, directed by a vote 
of their district, to build, purchase or hire schoolhouses for the use of 
the district, and also, without such vote, to cause needed repairs of the 
same, when the expense of such repairs will not exceed five hundred 
dollars, and to supply schoolhouses with the necessary furniture, fixtures, 
and fuel; provided, that no public schoolhouse shall be erected in any 
school district in the State until the plan of the same has been sub- 
mitted to and approved by the Superintendent of Public Instruction. 
The Superintendent of Public Instruction may refuse to approve bills 
in pajTnent of expenses incurred in disregard of this provision. Trus- 
tees shall cause to be erected such outhouses as decency recpiires, and 
in case of failure or neglect in this particular it shall be the duty of the 
Superintendent of Public Instruction to cause the work to be done, and 
to pay for the same out of the funds belonging to the delinquent dis- 
trict. All conveyances of real estate made to the Board of School Trus- 
tees shall be in their name corporate and to their successors in office. 

Trustees Not Pecuniarily Interested. 

Sec. 37. No Trustee shall be pecuniarily interested in any contract 
made by the Board of Trustees of which he is a member. 



24 SCHOOL LAWS OF NEVADA. 

Report of Clerk. 

Sec. 38. It shall be the duty of the Clerk of the Board of School 
Trustees of each district to report to the Superintendent of Public 
Instruction the number of schools, specifying the different grades, the 
number of teachers, male and female ; the number of children, male and 
female, who have attended school within the past year; the average 
attendance ; the length of the term of school ; the compensation of teach- 
ers, male and female ; the number and condition of the schoolhouses and 
furniture, and the estimated value thereof; the number of books in 
public-school libraries; the text-books used in schools; the value and 
kind of school apparatus ; district taxation and subscription for school 
purposes ; the amount expended in erecting and furnishing schoolhouses, 
and other such statistics as the Superintendent of Public Instruction 
may require. 

City Superintendent of Schools. 

Sec. 39. All school districts in Nevada are hereby divided into two 
classes. Districts employing ten or more teachers shall be known as 
districts of the first class, and districts employing less than ten teachers 
shall be known as districts of the second class. The Board of School 
Trustees of any district of the first class is hereby authorized to create 
the office of City Superintendent of Schools for such district, to define 
the powers and duties of such Superintendent, to elect to said office any 
person entitled to teach in the high schools of this State, and to fix 
the salary; provided, that no City Superintendent shall be elected for 
more than one year, unless said City Superintendent shall have first 
served one year acceptably in the district, when said Board of Trustees 
is empowered to elect said Superintendent for a term not to exceed four 
years ; provided, further, that said Superintendent may be dismissed at 
any time for cause. As amended, Stats. 1909, p. 323. 

Trustees to Fix Salaries of Teachers — No Discrimination Against 
Females. 
Sec. 40. It shall be the duty of the Board of School Trustees to 
employ teachers, to determine the salary to be paid and the length of the 
term of employment for such teachers, embodying these conditions in a 
written contract to be signed by the Clerk, at the order of the board, 
and by the teacher ; provided, that the board shall not have the right to 
emploj^ teachers for any term of service commencing after the time for 
which any member of the Board of Trustees was elected. The salaries 
of teachers shall be determined by the character of the service required, 
and in no district shall there be any discrimination in the matter of 
salary as against female teachers. 

Clerk to Issue Warrants. 

Sec. 41. It shall be the duty of the Clerk of the Board of School 
Trustees in each district, subject to the direction of said board, to draw 
all orders for the payment of the moneys belonging to his district, and 
such orders, when signed by the President and the Clerk of the Board 
of School Trustees of such district, shall be valid vouchers in the hands 
of the County Auditor for warrants on the County Treasurer, to be paid 



SCHOOL LAWS OF NEVADA. 25 

out of funds belonging to such district ; ijrovided, that no warrant for 
the payment of money for a new school building or for repairs or furni- 
ture in excess of five hundred dollars shall be issued unless the order 
shall be approved by the Superintendent of Public Instruction. 

Itemized Statement of Bills. 

Sec. 42. All such orders shall be accompanied by an itemized state- 
ment of the purpose or purposes for which the order is issued, and such 
statement shall be kept on tile in the office of the County Auditor, sub- 
ject to inspection by the Superintendent of Public Instruction or his 
deputy, until ordered to be destroyed by the State Board of Education. 
No order for the paynient of the money of any district shall be issued 
b}' the Clerk of such district unless there shall be in the county treasury 
credited to such district a sum of money equal to the amount for which 
the order is issued, and available for the purpose of such order. If the 
Clerk of the Board of School Trustees of any district shall draw any 
order for the payment of school moneys in violation of the laws of this 
State, the members of the Board of School Trustees of such district shall 
be jointly and severallj^ liable for the amount of such order. 

Trustees Must Visit Scliools. 

Sec. 43. It shall be the duty of the Board of School Trustees, as 
represented b}' at least one member, to visit the school or schools under 
their charge at least once each year. The board may invite other com- 
petent persons to visit the school or schools and report as to the build- 
ing, the equipment, the health of the pupils, and as to the management 
and instruction of the pupils. 

Powers and Duties of Trustees. 

Sec. 44. The School Trustees shall have power, and it shall be their 
duty : 

First — To provide schoolhouses with maps, blackboards, furniture, 
and other necessary apparatus, including library and cabinet cases, if 
deemed expedient, and pay for the same out of the county school moneys 
belonging to their district. 

Second — To provide books for the indigent children, and record-books 
for the district, and to pay for the same out of the county school moneys 
belonging to their district. 

Third — To divide the public schools within their district into kinder- 
garten, primary, grammar, and high-school departments, and to emplo.y 
competent and legally qualified teachers for the instruction of the dif- 
ferent departments whenever they shall deem such division into depart- 
ments advisable; provided, there shall be such means for all such 
departments, and if not, then in the order in which they are herein 
named, excepting the kindergarten department, which shall not be con- 
sidered as taking precedence of any other department ; provided, also, 
that the kindergarten department shall not be established in a school 
district having a school census population of less than three hundred. 

Fourth — To suspend or expel from any public school within their 
district, with the advice of the teachers, any pupil who will not submit 
to reasonable and ordinary rules of order and discipline therein, and to 



26 SCHOOL LAWS OF NEVADA. 

exclude from school children under six years of age when the interest 
of the school requires it to be done. 

Fifth — To apportion the school fund among the several schools within 
their districts in proportion to the average number of pupils attending 
such schools. 

Sixth — At the close of their official term to deliver over their books 
of record, and all papers, books, blanks, documents, money, and all other 
property in their hands as such Trustees, to their successors in office, 
and take their receipt for the same, which receipt shall be filed with the 
Superintendent of Public Instruction. 

Further Powers. 

Sec. 45. The School Trustees shall have power : 

First — [Abrogated by "An Act to provide for Union School Dis- 
tricts," approved March 3, 1909. See Chapter X.] 

Second — To make arrangements with the Trustees of any ad.joining 
district for the attendance of such children in the school of either dis- 
trict as may be most convenient, and to transfer the school moneys due 
by apportionment to such children to the district in which they may 
attend school. The School Trustees of any district may transfer to an 
adjoining district any child, together with all school moneys due by 
apportionment to such child, whenever the parent or guardian shall pre- 
sent a M^ritten request accompanied by a written permit from the Board 
of School Trustees of the adjoining district. 

[For furthers powers of Trustees, see Chap. VII.] 

SCHOOL DISTRICTS. 

But One District in Toivn or City— Five Trustees, When. 

Sec. 46. Each village, town, or incorporated city of this State shall 
constitute but one school district ; and the public schools therein shall 
be under the supervision and control of the Trustees thereof ; provided, 
in all such villages, towns, and cities wherein the aggregate number of 
registered voters thereof, at the last previous general election, exceeds 
fifteen hundred, there shall be elected five instead of three Trustees. 

[See also Chap. V, Sections 1-3.] 

County Commissioners May Change Districts — Neiv Districts. 

Sec. 47. The Board of County Commissioners of the several counties 
of this State are hereby authorized and empowered to create neM^ school 
districts, change the boundaries of school districts heretofore estab- 
lished, or abolish the same Avhenever in their judgment it shall be for 
the best interests of the common schools to do so; provided, that the 
boundaries of any school district shall not be changed nor shall any 
school district with the legal number of school children within said dis- 
trict be abolished for the purpose of joining or consolidating said school 
district with another school district unless a petition signed by at least 
three-fifths of the residents of said district be presented to said Board 
of County Commissioners praying for the change in the boundaries or 
for the abolishment of said district ; provided further, that when a new 
school district is organized school shall be commenced within one hun- 
dred and twentv diws from the action of the Board of County Com- 



SCHOOL LA^YS OF NEVADA. 27 

niissiouers creating such new scliool district, and if school shall not be 
commenced within the said one hundred and twenty days in the said 
new district, then such action shall become void, and no such district 
shall exist; and provided further, that no district organized under the 
provisions of this Act after its passage shall exceed in size sixteen miles 
square. 

[For disposition of funds and propertv of abolished school districts, 
see Chap. XIII.] 

[For provision for enlarging school districts, see Chap. XI.] 

But One School, ^Vhen. 

Sec. 48. In any neighborhood or conuuunity containing not more 
than twenty school census children, and where one school can accommo- 
date all the school census children therein, although the most distant 
school census cliild resides not to exceed five miles from the schoolhouse, 
but one school shall receive public school money, and the Superin- 
tendent of Public Instruction shall decide the schoolhouse in which the 
school shall be kept open. 

At Least Five Children for a District. 

Sec. 49. No school district shall be entitled to receive moneys from 
the county funds unless there shall be residing in the district at least 
five school census children. 

School Must Be Maintained at Least Three Months in the Year — 
Division of District. 
Sec. 50. No school district, except when newly organized, shall be 
entitled to receive any portion of the public school moneys in which 
there shall not have been taught a public school for at least three months 
within the year ending the last day of August previous ; and no public 
school shall receive any moneys, benefits, or immunities under the pro- 
visions of this Act unless such school shall have been instructed by a 
teacher or teachers duly examined, approved, and employed by legal 
authority, as herein provided. When a new district is formed by the 
division of an old one, it shall be entitled to a just share of the school 
moneys to the credit of the old district after the payment of all out- 
standing debts at the time wlien a school was actually commenced in 
such new district; and the Superintendent of Public Instruction shall 
divide and apportion such remaining money according to the number 
of census children resident in each district, for which purpose he may 
order a census to be taken, the expenses of which shall be met as pro- 
vided in section seventy of this Act. 

Joint School District, When. 

Sec. 51. A joint school district may be formed of parts of two or 
more counties, provided a majority of the qualified voters in that part 
of each county which it is proposed to include in such joint district shall 
petition for the creation of such joint district, such petition to contain 
a description of the boundaries of the proposed joint district. "When 
such identical petition is presented to the Board of County Commis- 
sioners in each county in which any part of the territory of said pro- 
posed joint district is located, such l)oards shall, if they favor the 



28 SCHOOL LAWS OF NEVADA. 

establishment of a joint district, provide for such establishment, and 
the Superintendent of Public Instruction shall appoint the members of 
the Board of School Trustees, who shall serve until their successors are 
elected and qualified according to law. 

State Superintendent to Apportion Funds, Hoiv. 

Sec. 52. The Superintendent of Public Instruction shall apportion 
the county school funds to any such joint district as follows : In appor- 
tioning sixty per cent of the school funds of any county he shall appor- 
tion to a joint district the regular amount per census child residing in 
that county. In apportioning forty per cent of the county school funds 
of any county he shall consider the teacher as belonging in part to each 
county, part of which lies in the joint district, and the part belonging 
to any county will be in proportion to the number of school census chil- 
dren in that county. 

GENERAL PROVISIONS. 

ScJiool Year. 

Sec. 53. The public school year shall commence on the first day of 
September and shall end on the last day of August. 

School Month. 

Sec. 54. Except when special agreement is made, a school month 
shall consist of four weeks of five days each, and teachers shall be paid 
only for the time in which they are actually engaged in teaching ; pro- 
vided, that when an intermission of less than six days is ordered by the 
Trustees no deduction of salary shall be made therefor. 

Sectarian Literature Prohibited. 

Sec. 55. No books, tracts, or papers of a sectarian or denominational 
character shall be used or introduced in any schools established under 
the provisions of this Act ; nor shall any sectarian or denominational 
doctrines be taught therein ; nor shall any school whatever receive any 
of the public school funds which has not been taught in accordance 
with the provisions of this Act. 

[See also Constitution, Article XI, Sections 9 and 10.] 

School Property Exempt From Taxation. 

Sec. 56. All lots, buildings, or other school property, owned by any 
district, town, or city, and devoted to public school purposes, shall be, 
and the same are hereby, exempted from taxation and from sale on any 
execution or other writ or order in the nature of an execution. 

[See also Chapter XXXV, Section 5.] 

Hygiene to he Taught. 

Sec. 57. Physiology and hygiene shall be taught in the public schools 
of this State, and especial attention shall be given to the effects of stim- 
ulants and narcotics upon the human system. 

SCHOOL CENSUS MARSHAL. 

May Be Females. 

Sec. 58. It shall be the duty of the Board of School Trustees of each 
district to appoint a competent person over twenty-one years of age as 



SCHOOL LAWS OF NEVADA. 29 

School Census IMarshal before the first day of March of each school year 
and to notify the Superintendent of Public Instruction of such appoint- 
ment immediately after it is made. This section shall not be construed 
in such a way as to prevent the appointment of a member of the Board 
of School Trustees or of a woman as School Census Marshal. Before 
the School Census ^Marshal shall enter upon the performance of his 
duties he shall take and subscribe to the oath of office, and such oath 
shall be filed in the office of the Superintendent of Public Instruction. 

Blanks for Marshal. 

Sec. 59. The Superintendent of Public Instruction shall supply each 
School Census Marshal with printed instructions as to his dut^^, and 
Avith all blank forms required for taking and reporting the census. 

Duties of School Census Marshal. 

Sec. 60. It shall be the duty of the School Census Marshal of each 
district to take annually in the month of April a census of the resident 
children of the district for which he shall have been appointed, and to 
report the same to the Superintendent of Public Instruction. The term 
"resident children," as used in this section, shall be defined in such a 
way as to include : First, children residing with their parents or gaiar- 
dians in such district ; second, children temporarily residing outside of 
said district for the purpose of attending institutions of learning or 
benevolent institutions, such as schools for the deaf and blind and 
orphans' homes; provided, that the parents of such children shall be 
residing in such district on the first day of April ; and provided further, 
that the children themselves shall have been actual residents of the dis- 
trict immediately previous to the time of such outside residence. The 
term "resident children" shall be further defined in such a way as to 
exclude : First, Indian children who shall not have attended public 
school during the last preceding year; second, children temporarily 
visiting in or passing through said district; third, children who have 
never actually resided within the district, even in cases where the par- 
ents or guardian shall reside in such district ; fourth, children who are 
residing in the district for the purpose of attending institutions of 
learning or benevolent institutions; and, in general, all children who 
may properly be included in the census of some other district. 

Same. 

Sec. 61. The School Census Marshal shall visit each home, habita- 
tion, residence, domicile, or place of abode in his district and require 
the necessary information of parents or others competent to give accu- 
rate information, supplementing and correcting this by actual observa- 
tion Avhen necessary. The School Census Marshal shall have power to 
administer the legal oath to parents, guardians, and other persons fur- 
nishing such information. 

Report of Marshal, What to Contain. 

Sec. 62. The report of the School Census Marshal shall be made 
upon blank forms to be furnished by the Superintendent of Public 
Instruction, and shall show the following facts : 

First — The full names of all children less than twenty years old and 



30 SCHOOL LAWS OF NEVADA. 

residing in the district on the first day of April, such names to be given 
by families under the name of the parents or guardian. 

Second — The year, month, and day on which each child was born, and 
the age in years, counting to the first day of April. 

Third — The sex and color of each child. 

Fourth — The place of birth of each child and of each parent. 

Fifth — The total number of children less than six years of age; the 
total number not less than six nor over. eighteen years of age, and the 
total number of children over eighteen and less than twenty-one years 
of age, counting from the first day of April. Only those children who 
are not less than six nor over eighteen years of age shall be considered 
as school census children. 

Sixth — Such other facts as the State Board of Education may require. 

Districts in Two Counties. 

Sec. 63. In the case of districts lying partly in two or more coun- 
ties, the School Census Marshal shall report separately the children of 
each county. 

State Superintendent to Appoint School Census Marshal, WJien. 

Sec. 64. If the Board of School Trustees of any district shall fail to 
appoint a School Census Marshal and to notify the Superintendent of 
Public Instruction of the same, as provided in section fifty-eight of this 
Act. it shall be the duty of the Superintendent of Public Instruction to 
call the attention of the Clerk of the Board of such district to such 
failure, and if a notification of an appointment is not received at his 
office before the first day of April, the Superintendent of Public Instruc- 
tion shall appoint the School Census Marshal for such district, such 
appointee to proceed in like manner as if appointed by the Board of 
School Trustees, and any appointment of Census Marshal made by the 
Board of School Trustees of such district shall be void. 

Clerk to Examine Marshal's Eeport. 

Sec. 65. Immediately after the School Census Marshal shall have 
completed the work of taking the census, he shall submit a report of the 
same, according to a form to be prescribed by the Superintendent of 
Public Instruction, to the Clerk of the Board of School Trustees, and 
if the Clerk finds the report to be correct, according to the best of his 
knowledge, he shall sign the same, after which the Census Marshal shall 
transmit it to the Superintendent of Public Instruction with a sworn 
statement to the effect that reasonable diligence and care have been 
exercised and that, to the best of his knowledge, all parts of the report 
are correct. 

Dates for Completing Reports. 

Sec. Q%. In the case of districts having a school census population of 
less than three hundred the report shall be sent to the Superintendent 
of Public Instruction before the fifteenth day of May. In the case of 
districts having over three hundred census children the report shall be 
sent to the Superintendent of Public Instruction before the first day 
of June. 



SCHOOL LAWS OF NEVADA. 31 

Siate Superintendent to Compare Beports of Census MarsJials. 

Sec. 67. The Siiperinteudent of Public Instruction shall compare the 
census reports submitted to him by the various School Census ^Marshals 
so far as he shall consider needful, and he shall strike from them the 
names of any children whose names are. according to his best knowledge, 
wrongly included in the reports, and it shall be his duty to correct all 
manifest errors in such reports. In all cases he shall make sufficient 
investigation to confirm him in his action before correcting any report. 

Special Census Marshal, Wlien. 

Sec. 68. If at any time the Superintendent shall have reason to 
believe that a report contains errors which he is unable to correct, or if 
at any time the report of the School Census ^Marshal is not transmitted 
as provided by section sixty-six of this Act, he may appoint a special 
School Census jMarshal who shall retake the census as soon as practica- 
ble and not later than the thirtieth day of June, conforming otherwise 
to the rules governing the original census. 

County to Pay Census Marshal. 

Sec. 69. Every bill for the compensation of a School Census Marshal 
shall be presented to the Board of County Commissioners of the county 
in which the district for which he shall have been appointed lies, and 
upon the order of said board shall be paid as other claims out of the 
general fund of the county. No bill for the compensation of any 
School Census Marshal shall be ordered paid unless the bill shall be 
accompanied by a statement from the •■juperintendent of Public Instruc- 
tion to the eifect that a satisfactory census report has been returned as 
provided by law. 

Negligence of Marshal — Punishment. 

Sec. 70. If the School Census Marshal of any district neglects or 
refuses to make his report at the time and in the manner prescribed by 
law. or if he, with intention to defraud the State, or through failure to 
exercise reasonable care, include the names of children in violation of 
law. or if he report their ages falsely, he shall be deemed guilty of a 
misdemeanor, and on conviction thereof shall be punished by a line in 
any amount not less than five or more than one hundred dollars, or by 
imprisonment in the county jail not less than five nor more than thii'ty 
days, and it shall be the duty of the various District Attorneys to cause 
the arrest and prosecution of such persons upon information furnished 
by the Superintendent of Public Instruction, other school officers, or 
by other persons. 

school funds. 
State Permanent School Fund. 

Sec. 71. All moneys accruing to this State from the sale of lands 
heretofore given or bequeathed, or that may hereafter be given or 
bequeathed, for public school purposes ; all fines collected under the 
penal laws of the State ; two per cent of the gross proceeds of all toll 
roads and bridges, and all estates that may escheat to the State, shall 
be and the same are hereby solemnly pledged for educational purposes, 
and shall not be transferred to anv other fund for other uses, but shall 



32 SCHOOL LAWS OF NEVADA. 

constitute an irreducible and indivisible fund, to be known as the State 
Permanent School Fund, which shall be invested as provided in section 
eighty-eight of this Act. [See also Constitution, Article XI, Sec. 3.] 

Ad Valorem State School Tax. 

Sec. 72. An ad valorem tax of six cents on the hundred dollars of 
all taxable property in the State is hereby levied and directed to be col- 
lected and paid in the same manner as other State taxes are required to 
be paid ; and said tax shall be known as the State School Tax, and the 
Board of County Commissioners of the several counties shall, annually, 
at the same time other State taxes are levied, add this to the other taxes 
provided by law to be levied and collected, and it shall be annually col- 
lected at the same time and in the same manner as other State taxes are 
collected, and if, from any reason whatever, in any year said taxes are 
not levied, as herein required, by the Board of County Commissioners, 
the County Auditor shall enter them on the assessment roll, as required 
by law for other taxes. [See State Tax Levy, Chap. XXXVIII, Sec. 1.] 

State Distributive School Fund. 

Sec. 73. All moneys derived from interest on the State Permanent 
School Fund, together Math all moneys derived from the State school 
tax, shall be placed in and constitute a fund to be known as the State 
Distributive School Fund, and be apportioned semi-annually among the 
several counties of the State in proportion to the number of resident 
children not less than six nor more than eighteen years of age in the 
respective counties as shown by the last preceding reports of the School 
Census Marshals. 

Use of Distributive School Fund Restricted. 

Sec. 74. The school moneys distributed to the various counties of 
the State, from the State Distributive School Fund, shall not be used 
for any other purpose than the payment of qualified teachers, under 
this Act ; and no portion of said fund shall, either directly or indirectly, 
be paid for the erection of schoolhouses, the use of schoolrooms, furni- 
ture, or any other contingent expenses of public schools. 

State Tax, Use Restricted. 

Sec. 75. No portion of the public school funds, nor of the mone,ys 
raised by State tax, or specially appropriated for the support of public 
schools, shall be devoted to any other object or purpose ; nor shall any 
portion of the public school funds, nor of money raised by State tax for 
the support of public schools, be in any way segregated, divided, or set 
apart for the use or benefit of any sectarian or secular society or asso- 
ciation. 

County School Tax. 

Sec. 76. The Board of County Commissioners of each county shall, 
annually, at the time of levying other county taxes, levy a county school 
tax, not to exceed fifty cents nor less than fifteen cents on each one hun- 
dred dollars valuation of taxable property, which tax shall be added to 
the county tax and collected in the same manner, and paid into the 
county treasury as a special deposit, to be drawn in the same manner 



SCHOOL LAWS OF NEVADA. 33 

as other public school moneys ; and should said County Commissioners 
fail or neglect to levy said tax as required it shall be the duty of the 
County Auditor to add such tax as the Superintendent of Public 
Instruction may deem sufficient, between the limits of fifteen and fifty 
cents on each one hundred dollars valuation of taxable property in the 
county, to the assessment roll, to be collected as specified in this section. 

Use of County School Funds. 

Sec. 77. The Board of Trustees, or Board of Education, of each 
city, town, and district, may use the moneys from the county school 
funds to purchase sites, build, or rent schoolhouses, to purchase libraries, 
and to pay teachers or contingent expenses as they may deem proper. 

METHODS OF LEVYING SPECLVL SCHOOL TAXES. 

Special School Tax, When — Popular Election to Decide, When. 

Sec. 78. When, in the judgment of the Board of School Trustees of 
any district, the school moneys to which sucli district shall be entitled 
for the coming school year will not be sufficient to maintain the school 
properly and for a sufficient number of months, said board shall have 
power to direct that a tax of not more than twenty-five cents on the 
one hundred dollars of assessed valuation of such district shall be 
levied, and, upon notification by the Clerk of the Board of School Trus- 
tees of such district that such action has been taken, the Board of 
County Commissioners shall levy and cause to be collected such tax 
upon the taxable property of such district; provided, that when the 
Board of School Trustees shall have decided to direct the levy of such 
tax, it shall give thirty days' notice of such intention in one or more 
newspapers published in such district or by posting notices in public 
places; and provided further, that the question of such tax shall be 
submitted to a vote of the people at a special election if ten per cent of 
the qualified voters of such district shall petition for such vote within 
thirty days after the publication of such notice ; and provided further, 
that if a majority of the people voting at such election shall vote against 
the proposed tax, the Board of School Trustees shall not direct the 
lewv^ of such tax. 

No Fees for Handling School Moneys. 

Sec. 79. No tax collector or County Treasurer shall receive any fees 
or compensation whatever for collecting, receiving, keeping, transport- 
ing, or disbvirsing any school moneys mentioned in the preceding sec- 
tions of this Act. In case of a special school tax for any school district, 
as provided in sections eighty-one and eightj-two of this Act, the Board 
of County Commissioners may allow a reasonable compensation for 
assessing and collecting if such taxes are assessed and collected inde- 
pendently and separate from the regular taxes, such compensation to be 
paid out of the special taxes thus collected. 

Popular Election, Regidations For — Ballots — School Tax Collectible 
Immediately, When — Recourse of Property Owner — Delinquent 
School Taxes. 
Sec. 80. The Board of Trustees of any school district may, when in 

their judgment it is advisable, call an election and submit to the quali- 
3 



34 SCHOOL LAWS OF NEVADA. 

fied electors of the district the question whether a tax shall be raised to 
furnish additional school facilities for said district, or to keep any 
school or schools in such district open for a longer period than the 
ordinary funds will allow, or for building an additional schoolhouse or 
houses, or for any two or for all of these purposes. Such election shall 
be called by posting notices in three of the most public places in the 
district for twenty days, and also if there be a newspaper in the county 
by advertisement therein once a week for three weeks. Said notice shall 
contain time and place of holding the election, the amount of money 
proposed to be raised, and the purpose or purposes for which it is 
intended to be used. The Trustees shall appoint three judges to con- 
duct the election, and it shall be held in all other respects as nearly as 
practicable in conformity with the general election law. At such elec- 
tion the ballot shall contain the words: "Tax — Yes," or "Tax — No." 
If a majority of the votes cast are "Tax — Yes," the officers of the elec- 
tion shall certify the fact to the County Commissioners, together with a 
statement of the amount of money proposed to be raised, who shall 
ascertain the necessary percentage on the property of said district, as 
shown by the last assessment made thereof after equalization, to raise 
the amount of money voted, and shall add it to the next county tax to 
be collected on the property aforesaid ; and the same shall be paid into 
the county treasury as a special deposit in favor of said school district, 
to be drawn in the same manner as other school moneys ; provided, if in 
any school district the School Trustees shall certify to the County Com- 
missioners that the State and county money to which any district is 
entitled is not sufficient to keep school oj^en in such district up to the 
date when State and county taxes shall become due, the tax provided 
for in this section shall be due and payable to the Assessor of such 
county in which the tax is levied immediately after he shall make the 
assessment and demand for payment of the tax ; provided, the owner of 
the property shall, if he deem the assessment too high, have the privilege 
of submitting the assessment to the Board of County Commissioners for 
equalization within ten days after demand made for the payment of the 
tax, and the County Commissioners, within five days after complaint 
made to them, shall meet and determine the correct valuation of the 
property assessed, and may change the same by adding to or deducting 
from the sum fixed either by the owner or Assessor, and upon notice 
to the owner of the result of their equalization the tax shall be immedi- 
ately payable to the Assessor, and if not paid shall become delinquent ; 
and all taxes so assessed shall constitute a lien on the property charged 
therewith, from the date of the levy thereof by the County Commis- 
sioners, or entry thereof on the assessment roll by the County Auditor, 
until the same are paid, and thereafter if allowed to become delinquent 
shall be enforced in the same manner as provided by law for the collec- 
tion of State and county taxes. If for any reason said tax is not added 
to the county tax by the County Commissioners, the County Auditor 
shall enter it upon the assessment roll to be charged against the prop- 
erty of that district, on application from the Trustees of said district. 

District Tax. 

Sec. 81. When the State and county money to which any district is 



SCHOOL LAWS OF NEVADA. 35 

entitled is not sufficient to keep a school open in such district at least 
six months in each year, it is hereby made the duty of the Trustees of 
such district to levy, and they shall levy, a district tax upon the tax- 
able property of such district sufficient to raise an amount, which, 
together with the State and county nipney to which such district is 
entitled, will keep a school open six months in each year ; and such tax 
shall be assessed, equalized, and collected in the same manner prescribed 
for assessing, equalizing, and collecting the taxes voted for furnishing 
additional school facilities, in section eighty of this Act. 

CUSTODY, INVESTMENT, AND APPORTIONMENT OF SCHOOL FUNDS. 

State Permanent School Fund. 

Sec. 82. The State Controller shall keep a separate and distinct 
account of the State Permanent School Fund, of the interest and 
income thereof, of such moneys as shall be raised by the State school 
tax, and of all moneys derived from special appropriations or otherwise 
for the support of public schools. 

State Controller to Eeport School Securities. 

Sec. 83. The State Controller shall, on or. before the tenth day of 
April and the tenth day of October of each year, make to the State 
Board of Education a statement of the securities belonging to the State 
Permanent School Fund. He shall also, on or before the tenth day of 
January and the tenth day of July of each year, render to the Superin- 
tendent of Public Instruction a statement of the moneys in the treasury 
subject to distribution to the several counties of the State, as provided 
in section ninety of this Act. 

State Treasurer Custodian of ScJiool Securities. 

Sec. 84. The State Treasurer shall be the legal custodian of all 
State and National securities in which the moneys of the State Perma- 
nent School Fund of the State of Nevada are or may hereafter be 
invested, and for their safe-keeping he shall be liable on his official 
bond. It shall be the duty of the State Treasurer to pay over all public 
school moneys received by him only on warrants of the State Controller, 
issued upon the orders of the Superintendent of Public Instruction, 
under seal of the Board of Education, in favor of County Treasurers, 
or on orders of the State Board of Education, for purposes of invest- 
ment, as provided in section eighty-eight of this Act, which orders, duly 
endorsed, shall be valid vouchers in the hands of the State Controller 
for the disbursement of public school moneys. 

County Treasurers to Beceive State School Moneys S emi- Annually . 

Sec. 85. All school moneys due each county in the State shall be 
paid over by the State Treasurer to the County Treasurers on the tenth 
day of January and the tenth day of July of each year, or as soon 
thereafter as the County Treasurer may apply for the same, upon the 
warrant of the State Controller drawn in conformity with the appor- 
tionment of the Superintendent of Public Instruction, as provided in 
section eighty-nine of this Act. 

State Treasurer to Turn Interest Into State Distributive School Fund. 
Sec. 86. When the interest on anv securities belonging to the State 



36 SCHOOL LAWS OF NEVADA. 

Permanent School Fund is due, the State Treasurer shall, upon the 
warrant of the State Controller and in the presence of a majority of 
the members of the State Board of Education, cut off and pay the 
coupon on such securities, and place the moneys so paid into the State 
Distributive School Fund, and keep a correct account thereof in his 
books. 

Duties of State Controller — Investments Must Be Thorougldy Inves- 
tigated. 

Sec. 87. It is hereby made the duty of the State Controller, quar- 
terly, to notify the State Board of Education of the amount of money 
in the State Pernianent School Fund, and whenever there shall be a 
sum in said fund sufficient for investment said board shall direct the 
State Treasurer to negotiate for investment of the same in United 
States securities, or in the bonds of this State, or in the bonds of other 
States, at the lowest purchasable rates, and the board shall then draw 
their order upon the Controller in favor of the State Treasurer for the 
amount to be invested. Said Controller shall thereupon draw his war- 
rant as directed, and the State Treasurer shall complete the purchase 
of the securities negotiated for by him in pursuance of this Act ; pro- 
vided, that before any such investment of said school moneys as is 
contemplated by the provisions of this Act is made, said Board of Edu- 
cation shall require of the Attorney-General of this State his legal 
opinion as to the validity of any Act or Acts of any State under which 
said bonds are issued and in which said Board of Education are about 
to make an investment ; 'and provided further, that in no case shall any. 
bonds be purchased as herein provided without said Board of Educa- 
tion making due and diligent inquiry as to the financial standing and 
responsibility of the State or States whose bonds it i-s proposed- to 
purchase. 

Duties of County Treasurers. 

Sec. 88. It shall be the duty of the County Treasurer of each, 
county : 

First — To receive and hold as a special deposit all public school 
moneys, whether received by him from the State Treasurer or raised by 
the county for the benefit of public schools, or from any other source, 
and to keep separate accounts thereof and of their disbursements. 

Second — On the second Monday of June and on the second Monday 
of December of each year to notify the Superintendent of Public 
Instruction of the amount of money in the county school fund subject 
to distribution. 

Third — To pay over all public school moneys received by him only 
■ on warrants of the County Auditor, issued upon orders of the Clerks of 
the Boards of School Trustees for their respective school districts. All 
orders issued by the said Clerks shall be valid vouchers in the hands of 
County Auditors for warrants drawn upon such orders ; provided, that 
orders for the payment of monej^ for new school buildings and for 
repairs or furniture amounting to over five hundred dollars must be 
approved by the Superintendent of Public Instruction before such war- 
rants are drawn. 

Fourth — On or before the first day of October, annually, to make 



SCHOOL LAWS OF NEVADA. 37 

full report to the Superintendent of Public Instruction of the public 
school moneys received into the county treasury within the school year 
ending on the last day of August next previous thereto, with a particu- 
lar statement of the disbursement of the said school moneys, and of any 
amount of said school moneys which may remain in his hands at the 
close of such school year, designating whether of State or county school 
fund ; and in case of failure or neglect of said County Treasurer to 
make such report, he shall forfeit for the benefit of the county school 
fund the sum of one hundred dollars from his official compensation, 
and it is hereby made the duty of the County Commissioners, on notice 
from the Superintendent of Public Instruction of such failure or neg- 
lect on the part of any County Treasurer, to deduct said one hundred 
dollars from his compensation and place said amount to the credit of 
the count}" school fund. 

State Superintendent to Apportion School Moneys. 

Sec. 89. It shall be the duty of the Superintendent of Public 
Instruction, immediately after the State Controller shall have made his 
semi-annual report as required in section eighty-four of this Act, to 
apportion to the several counties of the State the moneys in the State 
Distributive School Fund. He shall apportion the moneys of said fund 
among the several counties of the State in proportion to the number of 
resident children not less than six nor more than eighteen years of age 
in the respective counties, as shown by the last preceding reports of the 
Census ^Marshals, and he shall furnish to the State Controller, to each 
County Treasurer, and to each County Auditor an abstract of such 
apportionment, and with such abstract he shall furnish each County 
Treasurer with an order on the State Controller, under seal of the State 
Board of Education, for the amount of school moneys in the State 
Treasury to which such counties shall be entitled, and to take such 
County Treasurer's receipt for the same. 

Method of Apportionment. 

Sec. 90. The Superintendent of Public Instruction shall, immedi- 
ately after the State apportionment of school moneys is completed, pro- 
ceed to apportion the school moneys of each county among its several 
districts, apportioning the moneys derived from the State Distributive 
School Fund separate from the other county school moneys. He shall 
apportion all moneys as follows : First, he must ascertain the number 
of teachers each district is entitled to, by calculating one teacher for 
every seventy-five census children or fraction thereof as shown by the 
next preceding school census ; second, he must ascertain the total num- 
ber' of teachers for the county bj- adding together the number of 
teachers assigned to the several districts upon the basis of one teacher 
to each seventy-five census children or fraction thereof ; third, forty per 
cent of the amount of the apportionment from the State and county 
school fund shall be apportioned equally to each district for every 
teacher assigned it, upon the basis of seventy-five census children or 
fraction thereof; fourth, all school moneys remaining on hand, after 
apportioning forty per cent of the State and county apportionment 
equally to each district for every teacher assigned it upon the basis of 



38 SCHOOL LAWS OF NEVADA. 

seventy-five census children or fraction thereof, must be apportioned 
to the several districts in proportion to the number of children between 
the ages of six and eighteen years, as returned by the School Trustees 
and Census Marshals. The Superintendent of Public Instruction shall 
by means of a printed report notify the County Treasurer, the County 
Auditor, and the School Trustees of such apportionment in detail. 

[For apportionment to Emergency School Fund, see Chap. XII, Sec- 
tions 1-3.1 

DISTRICT SCPIOOL LIBRARIES. 

Metliocl of Apportionment for District School Library Fund. 

Sec. 91. It shall be the dutj^ of the Superintendent of Public 
Instruction in July of each year, after apportioning the public school 
moneys of each county among its respective districts, to set apart for 
each district out of the money thus appropriated to such district a sum 
of not less than three dollars nor more than five dollars for each teacher 
to which the district is entitled, calculating one teacher for every 
seventy-five census children or fraction thereof, and the further sum of 
not less than five cents nor more than ten cents for each census child 
as shown by the last school census, and the suras thus apportioned shall 
constitute for each district a District School Library Fund. 

■Amount of Same Determined. 

Sec. 92. The amount of money to be set apart and apportioned, 
within the limits provided by the preceding section, shall be determined 
by the State Board of Education. 

Books Approved by State Board. 

Sec. 93. The moneys herein designated and apportioned shall be 
expended for the purchase of books, approved by the State Board of 
Education, for the public school library of each district, and for no 
other purpose, and shall be paid out and expended as the other school 
funds of such district are now paid out. 

Trustees Authorized. 

Sec. 94. The Board of School Trustees of each school district in this 
State is hereby authorized and directed to purchase books for public 
school libraries in accordance with the provisions of this Act. 

Rules for Lihraries. 

Sec. 95. The State Board of Education is hereby authorized and 
directed to make such rules and regulations for the purchase of books 
provided for, and for the preservation and use thereof, as may be 
proper, provided such rules and regulations do not in any wise conflict 
with the laws of the State. 

REPEAL SECTION. 

Repeal of Previous Acts. 

Sec. 96. An Act entitled "An Act to provide for the maintenance 
and supervision of public schools, ' ' approved March twentieth, eighteen 
hundred and sixty-five ; an Act entitled ' ' An Act supplementary to an 
Act entitled 'An Act to provide for the maintenance and supervision 
of public schools,' approved March twentieth, eighteen hundred and 



SCHOOL LAWS OF NEVADA. 39 

sixty-five, approved March eighth, eighteen hundred and sixty-seven, 
approved ]\Iarch fifth, eighteen hundred and sixty-nine, approved 
]\Iarch seventh, eighteen hundred and seventy-three, approved jMarch 
fifth, eighteen hundred and seventy-seven." approved February twenty- 
fourth, eighteen hundred and seventy-nine ; an Act entitled ' ' An Act 
to provide for the safe-keeping of the securities of the State School 
Fund, ' ' approved February twenty -first, eighteen hundred and seventy- 
one; an Act entitled "An Act to provide for the maintenance and 
supervision of public schools," approved March ninth, eighteen hun- 
dred and eighty -seven ; an Act entitled ' ' An Act to empower the State 
Board of Education to grant life diplomas to residents of Nevada who 
have taught ten years," approved March first, eighteen hundred and 
ninety-seven; an Act entitled "An Act to empower the State Board of 
Education to grant life diplomas to residents of the State of Nevada 
who have received the degree of Bachelor of Arts," approved March 
eighth, eighteen hundred and ninety-seven; an Act entitled "An Act 
to authorize the State Board of Education to issue special certificates 
to teach," approved ilarch fourteenth, eighteen hundred and ninety- 
nine; an Act entitled "An Act to provide for uniform examinations for 
teachers' certificates, and other matters properly connected therewith," 
approved JMarch sixth, eighteen hundred and ninety-three ; an Act 
entitled "An Act to provide for the issuing of teachers' certificates by 
County Boards of Examination, and other matters properly connected 
therewith." approved March twentieth, eighteen hundred and ninety- 
five; an Act entitled "An Act relating to the duties of Census Mar- 
shals," approved March twenty-second, eighteen hundred and ninety- 
seven ; an Act entitled ' ' An Act to promote the progress and efficiency 
of the public schools by providing for State Teachers' Institutes," 
approved March sixth, eighteen hundred and ninety-three; an Act 
entitled "An Act providing for public school libraries, and all other 
matters relating thereto. ' ' approved March sixteenth, nineteen hundred 
and five, are hereby repealed. 

Salaries of Deputies — Traveling and Other Expenses. 

Sec. 97. The compensation of each Deputy Superintendent of Pub- 
lic Instruction is hereby fixed at two thousand dollars per annum and 
shall be paid out of the General Fund of the State as the salaries of 
other State officers are paid, together with actual traveling and office 
expenses incurred in the performance of duty as required by law, such 
traveling expenses to include the cost of transportation and board while 
absent from their places of residence ; provided, that for any period of 
one year there shall not be more than eight hundred dollars ($800) nor 
less than five hundred dollars ($500) appropriated by the State to pay 
the traveling expenses of anj' Deputy Superintendent, and not more 
than four hundred dollars ($400) nor less than three hundred dollars 
($300) shall be appropriated to pay the office expenses of such Deputy 
Superintendent for any period of one year. The claims against the 
State for such traveling and office expenses shall be presented to and 
allowed by the State Board of Examiners as other such claims are pre- 
sented and allowed. As amended, Stats. 1909, p. 228. 



40 SCHOOL LAWS OP NEVADA. 

Appropriations. 

[Sec. 2.] There is hereby appropriated from the General Fund of 
the State, the following amounts to pay the salary, traveling expenses 
of the Deputy Superintendents of Public Instruction for the period of 
time beginning July first, nineteen hundred and nine, and ending Jan- 
uary first, nineteen hundred and eleven : 

For the First Supervision District — Salary of Deputy Superintend- 
ent, $3,000 ; office expenses, $400 ; traveling expenses, $800. 

For the Second Supervision District — Salary of Deputy Superintend- 
ent, $3,000 ; office expenses, $400 ; traveling expenses, $800. 

For the Third Supervision District — Salary of Deputy Superintend- 
ent, $3,000 ; office expenses, $400 ; traveling expenses, $1,200. 

For the Fourth Supervision District — Salary of Deputy Superintend- 
ent, $3,000 ; office expenses, $600 ; traveling expenses, $1,200. 

For the Fifth Supervision District — Salary of Deputy Superintend- 
ent, $3,000 ; office expenses, $600 ; traveling expenses, $1,200. Stats. 
1909, p. 229. 

[Sec. 3.] This Act shall take effect on July first, nineteen hundred 
and nine. Stats. 1909, p. 229. 

Educational Districts Established. 

Sec. 98. Five Educational [Supervision] Districts are hereby estab- 
lished as follows : District Number 1, comprising Elko County ; District 
Number 2, comprising White Pine, Lander, Eureka Counties ; Dis- 
trict Number 3, comprising Humboldt and Churchill Counties ; District 
Number 4, comprising Washoe, Storey, Ormsby, Douglas, Lyon, and 
Esmeralda Counties; District Number 5, comprising Lincoln and Nye 
Counties. 

"And said Clark County shall be attached to and become a ^part 
of the Fifth Educational [Supervision] District." Stats. 1909,' Sec. 
14, p. 10. 

Sec. 99. This action (Act) shall take effect on and after the thirty- 
first day of August, nineteen hundred and seven. 



SCHOOL BOOKS. 



method of adopting the text-books. 

Chap. Ill — An Act to create a State Text-Book Commission and to 
authorize said Commission to adopt a uniform series of text-books 
for the public schools of Nevada, and matters properly connected 
therewith. Approved March 22, 1907, p. 217. 

State Text-Book Commission to Consist of Board of Education and 
Four Appointed Members. 
Section 1. A State Text-Book Commission is hereby created. Such 
commission shall consist of the members of the State Board of Educa- 
tion and of four additional members to be appointed by the Governor. 
Such appointments shall be made before the first day of April, nineteen 



SCHOOL LAWS OF NEVADA. 41 

hundred and seven, and during the month of January every four 3-ears 
thereafter, and such appointees shall be principals of schools employing 
not less than live teachers, or superintendents, and they shall hold office 
for four years. If any vacancies occur during the terms of said offi- 
cers by death, resignation, or removal, the Governor shall fill such 
vacancy by appointment of some principal or superintendent eligible 
as described above. 

Officers of Commission — Quorum— Meetings Public. 

Sec. 2. The Governor shall be ex officio President and the Superin- 
tendent of Public Instruction ex officio Secretary of said Text-Book 
Commission. The Secretary shall call a meeting of the Text-Book Com- 
mission not later than the first of April. 1907, at which time the Com- 
mission shall organize by taking the constitutional oath of office, which 
oath shall be filed in the office of tlie Secretary of State, and shall adopt 
rules of procedure in harmony with the provisions of this Act. Four 
members of the commission shall constitute a quorum for the transac- 
tion of business, but no action shall be taken by the commission unless 
a majorit}^ of the entire commission shall vote in favor thereof. All 
meetings of the commission shall be public, and the Secretary shall keep 
a full and complete record of all proceedings, which record shall be 
open to the inspection of the public. The vote on the adoption of all 
text-books shall be by roll call and the Secretary shall record the name 
and vote of each member. 

Meetings, Where and ^V]ien Held — Contracts for Books. 

Sec. 3. The State Text-Book Commission shall hold its meetings to 
adopt text-books in the office of the Superintendent of Public Instruc- 
tion in Carson City on the fourth Tuesday in June, nineteen hundred 
and seven, and on the fourth Tuesday in June every four years there- 
after. The Secretary may call special meetings of the Text-Book Com- 
mission whenever in his judgment there may be business to transact of 
such importance as to justify the call, or at the written request of four 
members of the commission, stating definitely the purpose of the meet- 
ing. At the meeting held on the fourth Tuesday in June, nineteen hun- 
dred and seven, and every four years thereafter, the commission shall 
adopt a uniform series of text-books for exclusive use as text-books in 
all the public schools of the State. If a contract for any text-book 
adopted at any regular meeting of the Text-Book Commission shall 
expire, either through the failure of the publishers of said book to 
fulfill the conditions of the contract, or for any other reason, the Text- 
Book Commission may adopt another book to take the place of the one 
on which the contract has lapsed, after notifying text-book publishers 
as hereinafter provided for in cases of regular adoptions. "When regu- 
lar adoptions are being made the commission may adjourn from day 
to day ; provided, the session shall not continue beyond six actual days. 

Changes of Books, When and How Made — Sealed Proposals. 

Sec. 4. Immediately after the first meeting of the commission, and 
not later than the first day of xVpril. nineteen hundred and seven, and 
everv four vears thereafter, if the commission shall deem it advisable 



42 SCHOOL LAWS OP NEVADA. 

to make changes in the list of prescribed text-books, the Secretary of 
the commission shall notify all publishers of text-books who shall have 
placed their names and postoffice addresses on file with the Superin- 
tendent of Public Instruction, to be kept on file in the office of said 
Superintendent of Public Instruction, that the Text-Book Commission 
will meet, as herein provided, and will receive sealed proposals, up to 
twelve o'clock, noon, of said fourth Tuesday of June, for supplying the 
State of Nevada with a series of text-books for use in all the public 
schools of the State, for a period of four years from and after the 
first day of September, nineteen hundred and seven, in the following 
branches, viz : Reading, grammar, arithmetic, geography, history of 
the United States, physiology and hygiene, writing, spelling, drawing, 
music, and will also approve other books for supplemental use, as per- 
mitted in this Act. Said sealed proposals shall be made in accordance 
with a form to be prescribed by the commission and shall be addressed 
to the Superintendent of Public Instruction, Carson City, Nevada ; and 
shall be indorsed "Sealed proposals for supplying text-books for use 
in the State of Nevada." Said proposals shall include a statement of 
the introductory price, the exchange price for new books in the hands 
of the dealers, the exchange price for second-hand books, and the retail 
price at which the publishers will agree to furnish each text-book to 
the school children of Nevada at one or more places in each county as 
shall be designated by the commission. Whenever any contract shall 
be terminated by reason of the failure of any contracting publisher to 
observe the terms of the contract, or when any contract shall cease to 
be in force and effect, the Text-Book Commission shall notify pub- 
lishers to this effect, in the manner hereinbefore prescribed, that adop- 
tions will be made to fill out the unexpired time of such contract, and 
that sealed bids shall be filed with the Superintendent of Public 
Instruction on or before a date to be determined by the commission, 
to be specified in the notification to the publishers. 

Geographies, Special Matter for Nevada. 

Sec. 5. The publishers, contracting and agreeing to furnish books 
for use in the State of Nevada under the provisions of this Act, shall 
cause to be prepared a special map and a special supplement descrip- 
tive of Nevada for the geography adopted by said commission. The 
map and special descriptive geography of Nevada shall be revised every 
four years by the publishers. They shall further agree to maintain the 
mechanical excellence of the books adopted by said commission, fully 
equal to the samples submitted, in binding, printing, quality of paper, 
and other essential features, and the books shall be of the latest revised 
edition. 

Commission to Adopt Text-Books. 

Sec. 6. It shall be the duty of said Text-Book Commission to meet 
at the time and place mentioned in said notice and to open all sealed 
proposals in public, in the presence of a quorum of said commission, 
to select and adopt such text-books for use in the public schools, and 
to approve such supplemental books as in the opinion of the commission 
will best subserve the educational interests of the State ; provided, how- 



SCHOOL LAWS OP NEVADA. 43 

ever, that the Text-Book Commission may. at its discretion, reject any 
and all proposals, if it be deemed by it to be to the interest of the State 
so to do, and call for new proposals, stating the time when such new 
proposals shall be opened, which time shall not be later than thirty days 
from the rejection of the previous proposals. 

Commission's Choice to he Standard for Nevada Schools — Supplemental 
Books Allowed. 
Sec. 7. The series of text-books so selected and approved by said 
Text-Book Commission shall be certified to by the President and Secre- 
tary, and said certificate, with a copy of the books named therein, shall 
be placed on file in the office of the Superintendent of Public Instruc- 
tion. Such certificate must contain a complete list of all books adopted 
and approved by said commission, giving- introductory, exchange, and 
retail prices for which each text-book will be furnished, and the names 
of the publishers agreeing to furnish the same. The said books named 
in said certificate shall, for a period of four years, from and after the 
first day of September next following the date of such adoption, be used 
in all the public schools of the State to the exclusion of all others ; pro- 
vided, however, that nothing in any part of this Act shall be construed 
so as to prevent the purchase or use by the district of any supplemental 
or reference books for use in the schools of this State. 

Contracts to Name Prices and Guarantee Depositories. 

Sec. 8. The Text-Book Commission shall have power to make such 
contracts for the purchase and use of text-books, in the name of the 
State as they shall deem necessary for the interests of the public schools 
of the State. Such contracts shall set forth the introductory, exchange, 
and retail price of each text-book, and such prices shall not be less 
favorable than the prices at which such books are sold in any other 
State, a fair specified allowance being made for a difference in the cost 
of transportation and handling ; and such contract shall provide, fur- 
ther, that the contracting publisher shall, during the life of the con- 
tract, keep on hand at one or more depositories, in each county, as shall 
be designated by the commission, a sufficient number of copies of such 
text-books to supply the needs of the schools of the State, as ordered by 
the keepers of said depositories. 

Bonds for Contracting Publishers. 

Sec. 9. All publishers contracting to furnish text-books adopted by 
the Text-Book Commission shall be required to give bonds in an amount 
equal to one-half of the value of the books to be furnished during one 
school year, as estimated by the Text-Book Commission, and such bonds 
shall be forfeited to the State Distributive School Fund if such pub- 
lishers fail to comply with the terms of the contract in any county of 
the State ; provided, however, that such bonds shall not be forfeited 
through the unauthorized action of text-book dealers in this State if 
such publisher shall, upon notification by the Superintendent of Public 
Instruction, promptly correct any violation of contract prices on the 
part of any local dealer. Upon information furnished by the State 
Text-Book Commission, the Attornej'-General shall bring action for the 



44 SCHOOL LAWS OF NEVADA. 

recovery of the amount of any such bond of any publisher who shall 
have failed to comply with the terms of any contract, and the full 
amount named in such bond shall be deemed to be fixed and liquidated 
damages for the breach of such contract. 

Contracts, When in Effect. 

Sec. 10. Such contract with the publishers of text-books shall not 
take effect until such publishers shall have filed with the Secretary of 
State, their bond, with at least tM^o sufficient sureties, or a bond from 
a bonding company authorized to do business in this State, to be 
approved by the GoA^^ernor, and in such sum as shall be determined by 
the Text-Book Commission. 

Contracts Void, When. 

Sec. 11. In case the publishers of any text-books adopted by the 
Text-Book Commission shall not, on or before the fifteenth day of July 
next following such adoption, ' have filed with the Secretary of State a 
bond as hereinbefore provided, or in case such publishers shall at any 
time thereafter fail to comply with the terms of such contract, and if 
within reasonable time, after due notice shall have been given by the 
Superintendent of Public Instruction, they shall have failed to complj^ 
with the conditions of the contract in any respect, the adoption of said 
books shall become null and void. The text-books adopted by the said 
Text-Book Commission under this Act shall, upon the compliance of the 
publishers with the aforesaid conditions, continue in use for the period 
of four years after the first day of September next following the date 
of such adoption, to" the exclusion of all other text-books. 

Price of Text-Books to he Promulgated. 

Sec. 12. Whenever the publishers of the books adopted under the 
provisions of this Act shall have filed their bond as herein provided, it 
shall be the duty of the Superintendent of Public Instruction to cause 
all prices of text-books as guaranteed by the publishers to be printed 
and distributed among superintendents and School Trustees, and it 
shall be the duty of the School Trustees in each district to cause such 
prices to be kept constantlj^ posted in a conspicuous place in each 
schoolroom. 

Use of Authorized Books Compulsory — Penalty — Annual Report. 

Sec. 13. The text-books adopted by the Text-Book Commission shall 
be used in every public school in the State in the grades for which they 
are adopted, and no other books shall be used as text-books in such 
grades ; provided, however, that this section shall not be interpreted in 
such a manner as to proiiibit the use of supplemental books purchased 
by the district. Any school officer or teacher who shall violate the pro- 
visions of this Act by requiring the pupils to use text-books other than 
those adopted by the Text-Book Commission, or by permitting the use 
of such other books as texts, shall be deemed guilty of a misdemeanor 
and shall be punished by a fine of not less than twenty dollars, nor 
more than one hundred dollars. All superintendents and school officers 
are charged with the execution of this law, and the Superintendent of 
Public Instruction shall require the Trustees of the several school dis- 



SCHOOL LAWS OF NEVADA. 45 

tricts. or the Clerks thereof, to report annually as to the text-books 
used in their schools. 

Per Diem of Appointed Commissioners. 

Sec. 14. The members of the State Text-Book Commission shall, 
with the exception of the Governor, the Superintendent of Public 
Instruction, and the President of the University, receive the sum of five 
dollars per diem for each day actually engaged in transacting the busi- 
ness of the commission, and actual traveling expenses. There is hereby 
appropriated the sum of five hundred dollars per year, or so much 
thereof as may be necessary to carry out the provisions of this Act, from 
the State General Fund. Bills for such compensation shall be allowed 
and paid in the usual manner. The State Text-Book Commission shall 
not be in session more than ten days in any one year. 

Repeal. 

Sec. 15. All Acts and parts of Acts in conflict with this Act are 
hereby repealed. 

METHOD OF PROVIDING FREE TEXT-BOOKS. 



Chap. IV — An Act to provide hooks, equipment , and materials, and to 
encoiirage the economic use thereof hy the pupils of the puhlic 
schools, and fixing penalties for its infraction. 

Approved March 22. 1909, p. 156. 

To Provide Free Text-Books for Pupils, When — Election. 

Section 1. The Board of Trustees of each school district may upon 
their own motion, and shall upon written demand by a number of quali- 
fied voters equal to ten per cent of the average number of children 
attending the public schools in said district during the preceding full 
school month, submit to a vote of the people, at the next ensuing gen- 
eral or special school election, the question of providing free text-books 
for the pupils attending said schools, and of levying a special tax for 
this purpose at a rate to be named in the demand, if demand be made, 
and in a notice of such election, which shall be given as required in the 
case of other special-tax elections. 

Trustees to Levy Tax, When. 

Sec. 2. If a majority of those voting at such election vote in favor 
of providing free text-books and of a special tax for the same, the 
Board of Trustees shall levy such tax. which shall be collected as other 
special taxes are collected and, from the fund so provided, which shall 
be called the book fund, shall purchase a sufficient number of author- 
ized text-books, as they may be required, and shall loan them upon such 
terms, and under such rules and regulations, as may be made by said 
board, or as may be provided by law, to parents or guardians for the 
use of the pupils of the schools of said district. 

District Property. 

Sec. 3. All property purchased under this Act for a school district 



46 SCHOOL LAWS OF NEVADA. 

shall be and remain the property of said district, except as otherwise 
provided by law. 

Books, How Disposed Of. 

Sec. 4. Text-books purchased under this Act may be disposed of as 
follows : 

(a) They may be sold for cash to pupils of the public schools, or to 
parents or guardians of such pupils. 

(&) If the Board of Trustees so decide, pupils who hiave completed 
the last two years of the course of study for the district, may, as a 
mark of merit, be given the permanent ownership of such four text- 
books used by them during their last two years of study in the schools 
of said district, as said pupils may select. 

Parents Responsible for Boohs. 

Sec. 5. The parents and guardians of pupils shall be responsible 
for all books loaned to the pupils in their charge, and shall pay to the 
Clerk of the Board of Trustees, for the book fund of the district, the 
full purchase price of every such book destroyed, lost, or so damaged 
as to make it unacceptable to other pupils succeeding to their classes. 
The Board of Trustees may also make rules for payment for slighter 
injuries to books. 

Credits to Pupils. 

Sec. 6. Credits shall be given to pupils in a ratio to be fixed by 
those having authority to fix ratios of credits, for the economic use and 
care of books in the hands of pupils, whether such books be the property 
of the district or otherwise. 

Material Other Than Books. 

Sec. 7. Equipment and materials for use in manual training, indus- 
trial training, and the teaching of domestic science, may be supplied 
to pupils in the same manner, out of the same fund, and on the same 
terms and conditions as books ; provided, that no private ownership can 
be acquired in such equipment or material unless sold according to law 
when such equipment or material shall be no longer used or required 
for the schools of the district. 

Other Books. 

Sec. 8. Authorized supplementary books for the use of the teachers 
may be purchased under this Act, and shall remain the property of the 
school district for which purchased unless sold in accordance with law. 

Tax Levy. 

Sec. 9. Each year after the first introduction in any school district 
of the system provided for in this Act, and on or before the tenth day 
of January thereof, the Board of School Trustees of such district shall 
estimate the amount of money necessary for maintaining or increasing 
the supply of books, equipment, and material, or any or all of these, 
and proceed to levy the necessary tax therefor in the manner now pro- 
vided for by law for levying a special tax not in excess of twenty-five 
cents on the one hundred dollars. [See Chap. II, Sec. 78.] 



SCHOOL LAWS OF XEVADA. 47 

Xot to Invalidate Existing Contracts. 

Sec. 10. This Act shall not be so construed as to authorize the vio- 
lation of any valid existing contract, nor to provide a means for the 
adoption of text-books. 

Penalties. 

Sec. 11. Every person violating the provisions of this Act shall be 
guilty of a misdemeanor, and shall he fined not more than twenty dol- 
lars ($20) or imprisoned not more than ten (10) days, or both so fined 
and imprisoned. 

SCHOOL TRUSTEES. 



ELECTION OF TRUSTEES. 

Chap. Y — An Act providing for the date of election of School Trustees, 
and other matters properly connected therewith. 

Approved March 16, 1909, p. 124. 
School Trustees. 

Section 1. School districts having fifteen hundred or more school 
children, as shown by the last preceding school census, shall have five 
Trustees ; other districts shall have three Trustees. 

Election of Trustees. 

Sec. 2. An election of School Trustees shall be held in each school 
district of the State on the first Saturday in April, nineteen hundred 
and ten. and on the same day every two years thereafter. At such 
elections, three Trustees shall be elected in any district having fifteen 
hundred or more school census children, as shown by the last preceding 
census, two for four years and one for two years; and two Trustees 
shall be elected in every other district, one for four years and one for 
two years. 

Number of Trustees, How Determined: 

Sec. 3. In any school district having for the first time fifteen hun- 
dred school census children, as determined after the election of Trustees 
in any year, there shall be elected at the next ensuing school trustee 
election two Trustees for four years and two Trustees for two years, 
to bring such district to the five-trustee basis ; and in any district fall- 
ing below such number, as determined after a school trustee election, 
.there shall be elected at the next ensuing trustee election one Trustee 
for four years, to bring such district to the three-trustee basis. 

Terms of Office. 

Sec. 4. Trustees elected under this Act shall take office on the first 
Monday in May following their election; provided, that the Trustees 
elected in nineteen hundred and ten shall take office on the first ^Ion- 
day in July, nineteen hundred and ten, those elected for four years to 
serve until the first ]\Ionday in "Slay, nineteen hundred and fourteen, 
and those elected for two years to serve until the first IMondaj' in May, 
nineteen hundred and twelve. 



48 SCHOOL LAWS OP NEVADA. 

Repeal. 

Sec. 5. All Acts or parts of Acts in conflict hercAAdth are hereby 
repealed. 

Chap. VI — An Act to provide for the election of ScJiool Trustees and 
matters properly connected therewith. 

Approved March 16, 1897, p. 100. 

Section 1. [Repealed by an Act approved March 16, 1909. See 
Chap, v.] 

Sec. 2. [Superseded by ninth part of Sec. 2, Chap. II. (Statutes 
of 1907, p. 380.) Provision for appointments to fill vacancies.] 

Election Officers Appointed. 

Sec. 3. All Judges and Inspectors of Election and such other offi- 
cers as may be necessary, shall be appointed by the School Trustees in 
each district. If the Trustees fail to appoint the election officers, or if 
they are not present at the time of opening the polls, the electors pres- 
ent may appoint them. All such officers shall serve without compensa- 
tion. 

Certificates of Election. 

Sec. 4. The Election Board shall issue certificates of election to 
those receiving the greatest number of votes cast in accordance with 
the provisions of this Act. 

Notices to he Posted. 

Sec. 5. Not less than ten days before the election held under the 
provisions of this Act, the Trustees in each district shall post notices in 
three public places in the district, which notices shall specify that there 
will be an election held at the schoolhouse of such district and the hours 
between which the polls will be kept open. If the Trustees of any dis- 
trict shall have failed to post the notices as required by this section, 
then any three electors of the district may. within five days of the day 
of election, give notice of such election, which notices shall be sufficient 
for the election required by this Act, and in such case no registration 
shall be necessary, but all the other provisions of this Act shall be 
enforced. 

Qualification for Voting. 

Sec. 6. No person shall be allowed to vote at any school election 
unless he is a resident of the district and his name appears upon the 
official registry list of the voting precinct or precincts including the 
district for the last preceding general election ; provided, that any citi- 
zen of the United States who shall have resided in this State six months, 
and in the school district thirty days next preceding the day of election, 
and whose name is not upon the said official registrj^ list, may apply to 
the Clerk of the Board of School Trustees, or to a person authorized hy 
the Trustees of the district to act as Registry Agent, not more than 
eight nor less than five days prior to the day of election, to have his 
name registered. 



SCHOOL LAWS OF NEVADA. 49 

Belating to Registration — Form of Oath. 

Sec. 7. It shall be the duty of the Clerk of the Board of School 
Trustees, or the person appointed by the Board of School Trustees, as 
the case may be, to register any qualified voter of the school district 
who may apply to be registered under the provisions of the preceding 
section; provided, that if the person applying to be registered be 
anknown to the Registry Agent, or his qualifications for voting be 
unknown, he shall, before having his name registered, be required to 
subscribe to the following oath : You do solemnly swear that you are 
a citizen of the United States ; that you are twenty-one years of age ; 
that you will have resided in the State six months and in this school 
district thirty days next preceding the day of the school election. False 
swearing under the provisions of this section shall be deemed perjury 
and punished as now provided by law. 

List of Voters. 

Sec. 8. No person shall be entitled to vote under the provisions of 
this Act except he be registered as herein provided. The Board of 
School Trustees shall prepare, or cause to be prepared, a list of the 
names of all persons entitled to vote at the school election as herein 
provided, which said list shall be completed at least three days prior 
to the day of election, and shall be under the charge of the Clerk of the 
Board of School Trustees and subject to the inspection of any qualified 
voter in the district. 

List of Voters to he Prepared — Compensation Allowed. 

Sec. 9. The Board of School Trustees in all districts having a voting 
population of fifty or more, are authorized to employ a competent per- 
son to prepare said list of qualified voters and to pay for the work out 
of the school fund of the district, in a manner as other claims against 
the district are allowed and paid, a reasonable sum, not exceeding five 
cents a name for each qualified voter, providing that the total amount 
to be allowed shall not exceed twenty dollars. The list so prepared 
shall be sworn to by the person making the same as correct according 
to his best knowledge, information, and belief. 

List Delivered to Inspectors of Election. 

Sec. 10. The list of qualified voters, as hereinbefore described, shall 
be delivered to the Inspectors of Election prior to the time of opening 
the polls on the day of election, and no person shall be entitled to vote 
at the election whose name is not on said list ; provided, that any per- 
son whose name is left ofi; said list by mistake, design, accident, or 
otherwise, may have his name placed thereon by the Inspectors of Elec- 
tion upon satisfactory proofs being presented of his having previously 
been registered in accordance with the provisions of this Act. 

Voting Shall Be by Ballot. 

Sec. 11. The voting shall be by ballot, either written or printed, 
and when tM'O or more Trustees are to be elected for difi^erent terms, 
the ballot shall designate such term as "long term" and "short term," 
respectively. 



50 SCHOOL LAWS OP NEVADA. 

Ballots, What to Contain — Number of Ballots. 

Sec. 12. In all school districts having a voting population of one 
hundred or over, the Board of School Trustees shall have printed bal- 
lots of uniform size containing the names in alphabetical order, of all 
persons candidates for the office of School Trustee. There shall be 
twice as many ballots printed as there are voters in the district, and no 
ballots other than those furnished by the Board of School Trustees shall 
be voted. 

How to Vote. 

Sec. 13. A person desiring to vote shall, if his name be upon the 
registry list as herein provided, receive from the Board of Election or 
some member thereof, and from no other person, a ballot upon which he 
shall designate his choice for Trustee or Trustees to be elected in the 
district, by placing a cross thus: X, opposite and to the right of the 
name of the person for whom he intends to vote. 

Ballot Can Contain. 

Sec. 14. There shall be placed on the ballots, in addition to the 
names of the candidates, such information as the Board of Trustees may 
deem necessary to inform the voter how to mark his ballot, such as : 
' ' Place a cross thus : X, opposite and to the right of the name of the 
candidate for whom you wish to vote," "vote for one," ''vote for 
two," etc. 

Allowed at Polls — Misdemeanor. 

Sec. 15. No person, other than the Board of Election or a police 
officer in the discharge of his duty, shall be allowed within one hundred 
feet of the polls, except when actually engaged in voting or in going to 
or from the polls for the purpose of voting or of challenging the vote of 
another, and excepting all persons in attendance upon any school which 
may be in session in the building. No person shall show his ballot to 
another while marking it or after marking it so as to disclose for whom 
he has voted, but he shall, as soon as possible after marking it, fold it 
so that the marking will be on the inside and return it to the Board of 
Election to be counted. Wilful violation of any of the provisions of 
this section shall constitute a misdemeanor, punishable by a fine not 
exceeding fifty dolars, or imprisonment in the county jail not exceeding 
twenty-five days, or by both such fine and imprisonment. 

Assistance Allowed. 

Sec. 16. No person shall receive assistance in marking his ballot 
unless physically unable to mark it and then only by permission of the 
Board of Election. A voter spoiling his ballot may procure another by 
delivering the spoiled ballot to the Board of Election. 

Challenge — Penalty. 

Sec. 17. Any registered person offering to vote may be challenged 
by any elector of the district, and the Judges of Election must there- 
upon administer to the person challenged an oath in substance as fol- 
lows : You do swear that you are a citizen of the United States ; that 
you are twentj^-one years of age; that you have resided in this State 



SCHOOL LAWS OF NEVADA. 51 

six months, and in this school district thirty days next preceding this 
election, and that you have not voted before this day. If he takes the 
oath prescribed in this section his vote shall be received, otherwise his 
vote must be rejected. lUeg'all}'- voting under the provisions of this Act 
shall be punished the same as the law now provides for punishing 
offenses of this character. 

Candidates to File Their Names With the County Clerk. 

Sec. 18. In school districts having a voting population of one hun- 
dred (100) or over, candidates for the office of School Trustee shall, not 
later than five days before the day of election, have their names filed 
with the County Clerk of said county, with designation of the term of 
office for which they are candidates, and no names shall be placed upon 
the ballots unless filed within the time herein provided. As amended, 
Stats. 1901, p. 54. 

Dvty of Board of Election Upon Completion of Count. 

Sec. 19. The Board of Election shall keep a poll list and tally sheet, 
Avhich. together with the registry list and all ballots cast, shall be deliv- 
ered to the County Clerk upon the count being completed, and such 
returns shall be kept as the law now provides for keeping returns of 
general elections. 

Repeal. 

Sec. 20. All Acts in conflict with this Act, and all parts of Acts 
in so far as they conflict with the provisions of this Act, are hereby 
repealed. 



POWERS OF BOARDS OF SCHOOL TRUSTEES. 



Chap. YII — An Act to amplify the powers of Boards of School Trustees. 

Approved March 20, 1901, p. 97. 

Board of School Trustees. 

Section 1. The Board of School Trustees of the respective school 
districts of the State of Nevada are hereby given such reasonablie and 
necessary powers, not conflicting with the Constitution and laws of the 
State of Nevada as may be requisite to attain the ends for which the 
public schools are established, and to promote the welfare of school 
children. 

To Enforce Sanitary Regidations. 

Sec. 2. The School Trustees are hereby given power to make and 
enforce needful sanitary regulations, and to make and enforce such 
rules for preventing the spread of contagious and infectious diseases as 
they may deem necessary. 

To Enforce Discipline. 

Sec. 3. The School Trustees, principals, and teachers are hereby 
given concurrent power with the peace officers for the protection of 



52 SCHOOL LAWS OF NEVADA. 

children on the way to and from school, and for the enforcement of 
order and discipline among them. 

Same. 

Sec. 4. The School Trustees may direct the principals and teachers 
employed by them to exercise such powers and authority in the schools 
as the Trustees are invested with under this Act. 

Same Powers. 

Sec. 5. Under the provisions of this Act, County Boards of Educa- 
tion in control of high schools shall have the same powers as are herein 
given to School Trustees. 

Indigent Children. 

Sec. 6. The School Trustees are hereby empowered to pay out of 
the public school funds any expenses incurred by them in applying sec- 
tion two of this Act to indigent children. 

Sec. 7. This Act shall take effect upon its approval. 



COUNTY HIGH SCHOOLS. 



Chap. VIII — An Act permitting the establishment of County High 
Schools in the various counties of this State, and providing for the 
construction, maintenance, management, and supervision of the 
same, to repeal all Acts and parts of Acts in conflict herewith, and 
matters properly connected thereivith. 

Approved March 24, 1909, p. 241. 

County High Schools Established by Popular Vote. 

Section 1. There may be established in any county in this State a 
high school; provided, that at any general or special election held in 
said county after the passage of this Act, a majority of all the votes 
cast at such election, upon the proposition to establish a high school 
shall be in favor of establishing and maintaining such high school at 
the expense of said county. 

County Commissioners to Submit Question to Voters — Ballots. 

Sec. 2. The Board of County Commissioners at any general election 
to be held in any county after the passage of this Act, upon the presen- 
tation of a petition signed by fifty or more qualified electors, taxpayers 
of said county, at any regular meeting of said board held not less than 
eight weeks before any general or special election, must make an order 
submitting the question of establishing, constructing, and maintaining 
a county high school to the qualified electors thereof. The Board of 
County Commissioners, upon the presentation of said petition, may 
order a special election for said purpose. Said election shall be con- 
ducted in the manner prescribed by law for conducting elections, and 
the ballots at such election shall have printed thereon the words ' ' For a 
County High School" and the words "Against a County High School." 



SCHOOL LAWS OF NEVADA. 53 

The votes cast for and against said county high school at any election 
therefor, shall be counted and the returns thereof made and canvassed 
in the manner provided for by law for counting, making returns, and 
canvassing the votes of a general election; provided, that the election 
officers appointed to conduct any special election held in accordance 
with this Act, as required by law, shall perform all services required of 
them by law in holding and conducting such elections, without any fees 
or pay therefor. 

Location of School, How Determined. 

Sec. 3. If a majority of the votes cast on the proposition to estab- 
lish a county high school shall be in the affirmative, it shall be the duty 
of the Board of County Commissioners, within thirty days after can- 
vassing said vote, to locate the high school in the place in said county 
where the said board shall deem most suitable and convenient for the 
purpose. If, within sixty days after the County Commissioners shall 
have located said high school, there shall be presented a certified peti- 
tion bearing the signatures of at least one-fourth of the qualified voters 
of such county according to the last general election returns, said peti- 
tion requesting a vote on the question of the location of the county 
high school and specifying a desired location, said Board of County 
Commissioners shall submit the question of such location to the voters 
of the county at the next general election; provided, that in all cases 
where special elections have been called by the Board of County Com- 
missioners of any countj' of this State previous to the passage of this 
Act to submit the question of location of any county high school to the 
voters in any such county wherein two thousand or more votes were 
cast at the last general election, and wherein the assessed valuation of 
real and personal property is six million dollars or more, the Board of 
County Commissioners may, if said board deems it to the best interest 
of the people of such county, establish two county high schools ; one at . 
the place selected by the Board of County Commissioners and one at 
the place named in the petition presented to the said Board of County 
Commissioners praying for said special election in said county, and 
thereupon the said board may revoke the order calling said special 
election, and in such case no special election shall be held. At any gen- 
eral election at which the location of any county high school is sub- 
mitted to the voters of the county, the form of the ballot shall be : 

Shall the County High School be located at ? | ^^^ 

In other respects the provisions of the general election law shall be fol- 
lowed. If at any such election a majority of all voters who shall vote 
on the question of such location shall vote in favor of locating the 
county high school at the place designated in the petition, it shall be 
the duty of the Board of County Commissioners to cause the high school 
to be located at such place, not later than the first day of the next fol- 
lowing September. While a vote on the question of changing the loca- 
tion of any county high school is pending, no contract for the purchase 
of grounds or for the erection of a building shall be made. When the 
location of the county high school has been finally determined, the 
Board of County Commissioners shall estimate the cost of purchasing 



64 SCHOOL LAWS OP NEVADA. 

suitable grounds, procuring plans and specifications, erecting a build- 
ing, furnishing the same, fencing and ornamenting the grounds, and 
the cost of running said school for the following twelve months; pro- 
vided, that the estimate mentioned herein for purchasing suitable 
grounds, procuring plans and specifications, erecting a building, fur- 
nishing the same, and fencing and ornamenting the grounds shall not 
be made, if previous to the time when the Commissioners are to make 
such estimate the Legislature shall have authorized said county to issue 
bonds for such purpose. 

Tax Levy. 

Sec. 4. When such estimate shall have been made, the Board of 
County Commissioners shall thereupon immediately proceed to levy a 
special tax upon all the assessable property of the county sufficient to 
raise the amount estimated. Said tax shall be computed, entered on 
the tax roll, and collected in the same manner as other taxes are com- 
puted, entered, and collected, and the amount so collected shall be 
deposited in the county treasury and be known and designated as the 
"County High School Fund," and shall be drawn from the treasury 
in the manner now provided by law for drawing money from the treas- 
ury by School Trustees; provided, lioivever, that the tax levy for pur- 
chasing suitable grounds, procuring plans and specifications, erecting 
a building, and furnishing the same, fencing and ornamenting the 
grounds, may be deferred as long as a sufficient number of suitable 
rooms in a public school building can be secured for the purposes of 
such county high school at a reasonable rental. In case such levy be 
deferred until after the election of a County Board of Education, the 
levy shall be made by the Board of County Commissioners whenever so 
ordered by the County Board of Education, and the Board of Educa- 
tion shall be charged with the duty of purchasing grounds and erecting 
and furnishing such school building. 

Temporary County Board of Education. 

Sec. 5. The Board of County Commissioners shall act as a County 
Board of Education in the performance of the duties hereinbefore men- 
tioned and shall continue to perform the duties of the County Board 
of Education until a County Board of Education shall have been 
elected and qualified as hereinafter provided, and at such time the 
Board of County Commissioners shall transfer all property and con- 
trol of said school to the County Board of Education, who shall hold 
the same in trust for the county. 

County Board of Education Elected. 

Sec. 6. At the next general election after it shall have been decided 
to establish a county high school there shall be elected a County Board 
of Education, to consist of three members, two of whom shall serve two 
years, and the other four years, and thereafter at reach regular biennial 
election there shall be elected two members of said board, one of whom 
shall serve for two years and the other for four years. Each person 
elected as herein provided shall enter upon the duties of his office on 
the first Monday in January next following his election, and shall hold 



SCHOOL LAWS OF NEVADA. 55 

office until his successor is elected and qualified. If at any time a 
vacancy shall occur on said board, it shall be the duty of the Superin- 
tendent of Public Instruction to appoint a member for the unexpired 
term. 

Duties of Board. 

Sec. 7. It shall be the duty of the County Board of Education to 
furnish, annually, an estimate of the amount of money needed to pay 
all the necessary expenses of running said school; to enforce the uni- 
form high-school course of study adopted by the State Board of Educa- 
tion ; to emplo}^ teachers holding Nevada State certificates of the 
high-school grade in full force and effect ; to hire janitors and other 
employees, and discharge such employees when sufficient cause therefor 
shall exist ; and to do any and all other things necessary to the proper 
conduct of the school. [See also Chap. VII, See. 5.] 

Tax Levy. 

Sec. 8. It shall be the duty of the Board of County Commissioners 
to include in their annual tax levy the amount estimated by the County 
Board of Education as needed to pay the expenses of conducting the 
county school; and such amount, when collected and paid into the 
county treasury, shall be known as the ' ' County High School Fund, ' ' 
and may be drawn therefrom for the purpose of defraying the expenses 
of conducting said county high school, in the manner now provided by 
law for drawing money from the county treasury by School Trustees. 

Eligible Pupils. 

Sec. 9. All county high schools shall be open for the admission of 
graduates holding diplomas from the eighth grade of the elementary 
schools of the State; provided, that the examinations for the said 
diplomas shall have been given under the direction and authority of 
the State Board of Education; and to such other pupils as shall pass 
the examination for admission to the county high school, which exam- 
ination shall be conducted under the direction and authority of the 
State Board of Education. 

Principal May Supervise Other Schools. 

Sec. 10. Nothing in this Act shall be construed so as to prevent the 
principal of the county high school from acting as principal of the 
grammar school of the district in which the county high school is 
located if so desired by the Trustees of said school district and the 
County Board of Education. 

Under General Laws. 

Sec. 11. The county high school shall be under the same general 
supervision and shall be subject to the same laws, rules, and regulations 
governing the other schools of the state school system. 

Dormitories and Dining Hall. 

Sec. 12. The County Board of Education is hereby empowered to 
provide for the rental, purchase, or erection of a suitable dormitory or 
dormitories and dining hall for high-school students, and to provide for 
the support, maintenance, and management of the same. The said 



56 SCHOOL LAWS OF NEVADA. 

dormitory or dormitories shall be considered part of the regular high- 
school equipment and organization. 

Bepeal. 

Sec. 13. All Acts and parts of Acts in conflict with this Act are 
hereby repealed. 



NORMAL TRAINING SCHOOLS. 



Chap. IX — An Act for the estahlishment of Normal Training Schools 
and for the maintenance and control of the same. 

Approved March 20, 1909, p. 174. 
Hoiv Established. 

Section 1. Upon notification by the County Board of Education in 
counties where a county high school is in operation, and of the Board 
of Trustees of the school district in which the county-seat is located, in 
counties not having an established county high school, that the said 
County Board of Education or Board of Trustees and the Board of 
County Commissioners of the county have decided by a majority vote 
of each of the said boards to establish a normal training school, and 
that there are at least five bona fide applicants for a normal training- 
course in such school, the State Board of Education shall, subject to the 
provisions herein named, grant permission to establish and maintain a 
normal training school for the purpose of giving free instruction and 
training in the principles of education and methods of teaching to resi- 
dents of this State ; provided, that no such normal training school shall 
be established in any county having within its borders a State Normal 
School or State University; and, provided further, that but one such 
normal training school shall be established in any county. 

Training School Board. 

Sec. 2. The State Board of Education shall constitute the Normal 
Training School Board. 

Duties of Normal Training School Board. 

Sec. 3. The duties of the Normal Training School Board shall be 
as follows: 

First — To determine the qualification for admission to the normal 
training school; provided, that applicants who do not hold a diploma 
from an accredited high school or a teacher's certificate of at least the 
primary grade shall be required to pass an entrance examination. And 
said examination shall include all subjects taught in the high schools 
as provided by the laws of this State. 

Second — To establish a course of study to be pursued for a period 
of not less than thirty-six wrecks. 

Third — To grant certificates of graduation to such persons as finish 
the course adopted in such form as the Normal Training School Board 
shall prescribe. 



SCHOOL LAWS OF NEVADA. 57 

Graduation Certificate. ' 

Sec. 4. The certificate of graduation shall entitle the holder thereof 
to the state teachers ' certificate of the rural grammar-school grade with- 
out further examination, and said certificate shall entitle the holder 
thereof to teach in any of the rural schools of this State not employing 
more than one teacher, and said certificate shall not be good for more 
than three years and shall in no case be renewable. 

Provisions for Maintaining Schools. 

Sec. 5. For the purpose of maintaining such normal training schools 
as are herein described, it is further provided : 

First — That the county in which a normal training school shall be 
established shall provide rooms with heating and equipment satisfactory 
to the Normal Training School Board for the purposes of such school. 

Second — Upon certification of the State Board of Education that a 
normal training school has been established in any county, that the 
school has been properly equipped, that at least five bona fide students 
are in actual attendance, and that a competent normal-training teacher 
is employed, the State Controller shall on the first day of October and 
the first day of February of each year set aside from any money in the 
State General Fund not otherwise appropriated, a sum designated by 
the State Board of Education not exceeding nine hundred dollars and 
not less than six hundred dollars, to be kno\\Ti as the Normal Training 

School Salary Fund for County, to be used in payment 

of the teacher 's salary and to be drawn from the State Treasury in the 
usual manner. Any money remaining in such fund on the thirty-first 
day of August of each year shall revert to the State General Fund. 

Third — In any county establishing a normal training school the 
Normal Training School Board shall, previous to the first day of Sep- 
tember in each year, estimate the cost of maintaining the rooms and 
equipment of the normal training school for the ensuing year and 
certify the amount estimated to the Board of County Commissioners of 
said county ; provided, such estimate shall not exceed the amount of five 
hundred dollars for any one year. Claims for equipment and mainte- 
nance shall be just and legal charges upon the general fund of said 
county; provided, that not more than the amount estimated shall be 
allowed for any one year. 

Authority Conferred. 

Sec. 6. The Normal Training School Board is hereby given the 
power to make and put into effect any and all rules and regulations 
necessary to the proper conduct of any normal training school estab- 
lished under and by virtue of the provisions of this Act. 



58 SCHOOL LAWS OF NEVADA. 

UNION SCHOOL DISTRICTS. 



Chap. X — An Act to provide for Union School Districts, and matters 
properly connected therewith. 

Approved March 3, 1909, p. 49. 
How Established. 

Section 1. On the recommendation of the Superintendent of Pub- 
lie Instruction, the Boards of School Trustees of any continguous school 
districts in the same county or in adjoining counties may, in joint 
meeting of the two boards, unite the two districts and establish a union 
school to be supported out of the funds belonging to the respective 
districts. 

Joint Board to Govern — More Than One School or Grade, When. 

Sec. 2. The school thus established shall be governed by a joint 
board, composed of the Trustees of the combining districts; provided, 
that school may be maintained at more than one point in the union 
district thus formed, if found necessary or advisable; and provided 
further, that the classes and grades in the two districts shall be 
arranged with reference to the convenience of the children and the effi- 
cient and economical management of the school. In case of a disagree- 
ment of the joint board as to the arrangement and distribution of the 
various classes and grades in the two districts, the Superintendent of 
Public Instruction shall determine the same. 

Expenses, How Paid. 

Sec. 3. A majority of the members of the joint board shall consti- 
tute a quorum for the transaction of business. Vouchers shall be made 
out on the separate district funds for the pro rata of monthly expenses, 
as agreed upon by the joint board, and these vouchers shall be signed 
by the President and Clerk of the School Board in the district on whose 
fund the vouchers are drawn. 

District Dissolved, When. 

Sec. 4. The union school, or district, herein provided for may be 
dissolved in July of any year by mutual consent or action of the Boards 
of School Trustees in the districts interested, or by the unanimous 
action of the School Board of either district ; provided, that no indebt- 
edness incurred by the joint board exists ; and provided further, that in 
case of dissolution by action of only one of the two districts as herein 
prescribed, at least thirty days' notice of intention to dissolve shall 
have been given to the joint board. 

Repeal. 

Sec. 5. All Acts and parts of Acts in conflict herewith are hereby 
repealed. 



SCHOOL LAWS OF NEVADA, 59 

ENLARGEMENT OF SCHOOL DISTRICTS. 



Chap. XI — An Act to authorize Boards of County Commissioners to 
enlarge the boundaries of certain school districts or to consolidate 
two or more.into one, and matters properly connected therewith. 

Approved March 11, 1909, p. 87. 

Districts Enlarged or Consolidated. 

Section 1. The Board of County Commissioners in any county, on 
the recommendation of the Superintendent of Public Instruction, and 
without formal petition, may enlarge the boundaries of any school dis- 
trict, wherein there may be uncertainty of maintaining the minimum 
requirement of five school census children, sufficiently beyond the 
sixteen-mile-square limit to include five or more school census children 
actually residing, and not temporarily living, therein, or the board, 
upon the recommendation of the Superintendent, may consolidate two 
or more such districts or parts of districts into a single district. 

Property of Consolidated Districts. 

Sec. 2. In case of the consolidation of two or more districts as 
herein provided for, the property of the separate districts shall become 
the property of the district thus formed, and any money in the fund of 
a district consolidated with another shall, on notice given by the Super- 
intendent of Public Instruction, be transferred by the County Auditor 
and the County Treasurer to the credit of the district so formed. 

Board Appointed, When. 

Sec. 3. When a district is formed by consolidation as herein pro- 
vided, the Superintendent of Public Instruction shall ^appoint a Board 
of School Trustees therefor; he shall determine the points therein 
where instruction is to be given, and shall aid the Trustees in making 
necessary provision for carrying out the purposes of this Act. 

Repeal. 

Sec. 4. All Acts or parts of Acts in conflict herewith are hereby 
repealed. 



EMERGENCY FUND FOR NEW DISTRICTS. 



Chap. XII — An Act to provide an Emergency School Fund for new 
school districts, prescribing its use and manner of disbursement, 
and other matters properly connected therewith. 

Approved February 13, 1909, p. 20. 

Emergency School Fund Created — $3,000 From General Fund. 

Section 1. At the time of the apportionment of money in the State 
Distributive School Fund in January and July of each year, the Super- 
intendent of Public Instruction, before making such apportionment, 
shall set aside from said fund the sum of three thousand dollars, the 
same to constitute and be known as the Emergency School Fund; and 



60 SCHOOL LAWS OF NEVADA. 

he shall at once notify the State Controller and the State Treasurer of 
his action; provided, that there is hereby appropriated from the State 
General Fund the sum of three thousand dollars, which is to constitute 
the Emergency School Fund until the next apportionment of money 
in the State Distributive School Fund in July, nineteen hundred and 
nine. 

For Districts Formed After Regular Apportionment. 

Sec. 2. The Emergency School Fund, or such portion thereof as 
the State Board of Education shall deem advisable, shall be used as 
hereinafter provided for payment of a teacher's salary in any legally 
constituted school district formed after the regular apportionment in 
January and July of any year and not consisting mainly or wholly of 
census children and territory theretofore included in an established 
school district. 

Conditions Before Money Is Distributed. 

Sec. 3. Before any portion of the Emergency School Fund is dis- 
tributed to any school district that may be entitled thereto under the 
provisions of this Act, the Superintendent of Public Instruction shall 
cause a census to be taken and shall satisfy himself that a competent 
teacher has been employed and that a suitable building has been pro- 
vided. 

Basis of Distribution. 

Sec. 4. The money in the Emergency School Fund, or such part 
thereof as may be necessary, shall be distributed to the various dis- 
tricts entitled thereto oij the basis of teachers — one teacher to every 
fifty census children, or fraction thereof; and not more than two hun- 
dred and fifty dollars shall be allowed for any one teacher. The money 
thus distributed shall be used only for the payment of salaries of 
teachers. The Superintendent of Public Instruction shall submit to 
the State Board of Education lists of school districts entitled to money 
under the provisions of this Act, and estimates of the amount of money 
necessary for each district. 

But One Apportionment to Each District From Emergency Fund. 

Sec. 5. No more than one apportionment shall be made to any one 
school district from the Emergency School Fund. But at the general 
apportionments thereafter such district shall be entitled to its share of 
the State Distributive School Fund and of the general school fund of 
the county in which the district is located, the census provided for in 
section three of this Act serving as the basis of apportionment until the 
general school census is available therefor. 

State Board of Education to Approve. 

Sec. 6. Upon the approval by the State Board of Education of the 
amounts to be distributed, the Superintendent of Public Instruction 
shall draw his order on the State Controller for the sum to be sent from 
the Emergency School Fund to any county, and the State Controller 
shall thereupon draw his warrant on the State Treasurer therefor, and 
the State Treasurer shall pay over the money to the County Treasurer, 



SCHOOL LAWS OF NEVADA. 61 

or Treasurer named. The Superintendent of Public Instruction shall 
inform the County Auditor and the County Treasurer of any county 
to which money is thus sent, of the amount set aside for any school dis- 
trict or districts in that county; and such money shall be applied by 
the Board or Boards of School Trustees thereof for the purpose named 
in this Act, and disbursed in the manner prescribed by law. 

Eesidue to Revert. 

Sec. 7. Any money remaining in the Emergency School Fund on 
the thirty-first day of December of any year shall revert to the State 
Distributive School Fund. 

In Effect. 

Sec. 8. This Act shall take effect upon approval. 



ABOLISHED SCHOOL DISTRICTS. 



Chap. XIII — An Act to provide for the disposal of the funds and 
property of abolished school districts. 

Approved March 5, 1909, p. 70. 

Certain Moneys to Revert. 

Section 1. All moneys remaining to the credit of any school dis- 
trict which has been legally abolished, by action of the Board of 
County Commissioners of the county in which the district is situated, 
shall revert to the county school fund of the said county. 

Property of Abolished School District to he Sold. 

Sec. 2. All property, real and personal, of any abolished school dis- 
trict shall revert to the county in which the said district is situated, 
and the Board of County Commissioners are hereby authorized to con- 
trol and manage, rent, or sell such reverted school property in the 
manner prescribed for the sale of county property; provided, that in 
case the said Board of County Commissioners shall find all of the real 
and personal property of any abolished district to be of a value less 
than one hundred dollars, the same may be sold without publication of 
notice and to the highest bidder for cash at private sale. 

Disposal of Proceeds. 

Sec. 3. All the moneys derived from the sale or rent of reverted 
school property shall be paid into the county school fund. 

In Effect. 

Sec. 4. This Act shall take effect immediatelv. 



62 SCHOOL LAWS OF NEVADA. 

SCHOOL DISTRICT BONDS. 



Chap. XIV — An Act to amend an Act entitled ''An Act to enable the 
several school districts of the State to issue negotiable coupon 
bonds for the purpose of erecting and furnishing school buildings, 
or purchasing grounds, or for refunding floating funded debts, and 
providing for the payment of the principal indebtedness thus 
authorized and the interest thereon," approved March 12, 1907. 

Approved February 8, 1908, p. 34. 

Bonds May Be Issued. 

Section 1. Any school district of the State, now existing or which 
may hereafter be created, is hereby authorized to borrow money for 
the purpose of erecting and furnishing a school building or buildings, 
maintaining the same, purchasing grounds on which to erect such build- 
ing, or buildings, or for refunding floating indebtedness, or for any or 
all of these purposes, by issuing negotiable coupon bonds of the district 
in the manner by this Act provided. As amended, Stats. 1909, p. 178. 

Question of Issuing Bonds Submitted to Popular Vote. 

Sec. 2. When the Board of Trustees of any school district shall 
deem it necessary to incur an indebtedness authorized by this Act by 
issuing the negotiable coupon bonds of the district, such Board of Trus- 
tees shall first determine the amount of such bonds to be issued, and a 
certificate of such determination shall be made and entered in and upon 
the records of said district. Thereupon the Board of School Trustees 
shall, by resolution duly made and entered in and upon the records of 
said board, submit the question of contracting a bonded indebtedness 
for any of the purposes authorized hy this Act to a vote of the duly 
qualified electors of the district at the next general election of tlie 
School Trustees, or at a special election which the School Trustees are 
hereby authorized to call for such purpose. 

Election, How Conducted — Election Notice, What to Contain. 

Sec. 3. The election provided in this Act shall be called and held, 
and the vote canvassed and returned, in all respects as nearly as may 
be in accordance with the provisions of law now governing the election 
of School Trustees ; provided, that if there is a newspaper published in 
the school district, the notice shall be published for at least once a week 
for two successive weeks, preceding said election. The election notice 
must contain: 

First — The time and place of holding such election. 

Second — The names of Inspectors and Judges to conduct the same. 

Third — The hours during the day in which the polls will be open. 

Fourth — The amount and denomination of the bonds, the rate of 
interest and the number of years, not exceeding twenty, the bonds are 
to run. All persons voting on the question submitted at such election 
shall vote by separate ballot whereon is placed the words "For the 
Bonds" or "Against the Bonds." The ballots shall be deposited in a 
separate box provided by the School Trustees for that purpose. 



SCHOOL LAWS OF NEVADA. 63 

Bonds to Run No Longer Than Twenty Years — Sale of Bonds to he 
Published. 
Sec. 4. If upon the official determination of the result of such elec- 
tion it appear that a majority of all the votes cast are ' ' For the Bonds, ' ' 
the Board of Trustees, as soon as practicable, shall issue the negotiable 
coupon bonds of the district in such form and denomination as the 
Board of Trustees may direct, said bonds to run for a period not to 
[exceed] twenty (20) years from the date of issue, and bearing interest 
at a rate not exceeding eight (8) per cent per annum, payable semi- 
annually, both principal and interest payable at such place as the 
Board of Trustees may direct, said bonds not to be sold for less than 
their par value. And before said sale is made notice of such proposed 
sale must be given by publication, in a newspaper, if there is a news- 
paper published in the district, for at least one week before said bonds 
are disposed of, inviting sealed bids to be made for said bonds, and said 
bonds are to be sold to the highest and best bidder for said bonds ; pro- 
vided, if there is no newspaper published in said school district, the 
notice herein provided for shall be given by posting in three public 
places in said school district for at least ten days before said bonds are 
disposed of. 

Bonds Signed — Seal. 

Sec. 5. All bonds issued under the provisions of this Act shall be 
signed by the Chairman of the Board of Trustees and be dulj^ attested 
by the Clerk thereof, and shall bear the seal of the district if the dis- 
trict has a seal, and shall be countersigned by the County Treasurer. 

Register of Bonds. 

Sec. 6. Before any district shall issue bonds under the provisions 
of this Act, all such bonds shall be presented to the Treasurer of the 
county to be duly registered by him in a book kept for that purpose in 
his office, Avhicli registry shall show the school district, the amount, the 
time of payment, and the rate of interest, and all such bonds shall bear 
the certificate of the County Treasurer to the effect that they are issued 
and registered under the provisions of this Act. After such registry 
the bonds shall be at the disposal of the Board of Trustees of the dis- 
trict issuing the same, to be sold for the purpose of raising funds for 
the objects designated by this Act. 

Special Tax for Interest and Redemptio7i of Bonds — Sinking Fund. 

Sec. 7. Whenever any school district shall issue any bonds under 
the provisions of this Act it shall be the duty of the Board of Commis- 
sioners of the county in which such district may be situated to levy and 
assess a special tax on all the taxable property of such district in an 
amount sufficient to pay the interest thereon when the same shall become 
due according to the tenor and effect of said bonds, and the County 
Treasurer shall collect the same as other taxes are collected, in cash 
only, keeping the same separate from other funds received by him ; and 
if there shall be any surplus after paying said interest and the expenses 
of collecting such special tax, the Treasurer shall without delay pass 



64 SCHOOL LAWS OF NEVADA. 

the same to the credit of such school district, and such funds so passed 
to the credit of the district shall be subject to the disposal of the Board 
of Trustees; and beginning with the year the bonds are issued, and 
annually thereafter, until the full payment of said bonds has been 
made, the Board of County Commissioners of the county in which said 
school district is situtated shall levy and assess a special tax, and shall 
cause said special tax to be collected on all property of the school dis- 
trict, including the net proceeds of mines, sufficient to pay annually a 
proportion of the principal of said bonds equal to a sum produced by 
taking the whole amount of said bonds outstanding and dividing it 
by the number of years said bonds then have to run, which amount 
shall be levied, assessed, and collected in the same manner as the tax 
for the payment of the interest coupons and when collected shall be 
known as the ' ' Sinking Fund, ' ' and shall be used only in the payment 
of such bonds. The sinking fund thus provided may be applied to the 
purchase and cancelation of the outstanding bonds of the district. At 
the maturity of such bonds the County Treasurer shall call in and pay 
such bonds and accrued interest thereon and duly cancel the same, and 
certify his action to the Board of Trustees of the school district. 

Change in Boundary Not to Release Property for Taxes. 

Sec. 8. No change in the boundary lines of any school district shall 
release the taxable real property of the district from assessment and 
levy of the taxes to pay the interest and principal of such bonds, and if 
there shall be any change in the boundary of such school district so as 
to leave any portion of the taxable real property of the district which 
was subject to taxation in the district at the time of the issue of such 
bonds, the assessment and levy of taxes for the payment of the prin- 
cipal and interest of such bonds shall be made on such property as if it 
were still within the district, and if there shall be any change of the 
boundary lines of such school district so as to annex or include any 
taxable or real property, after the issue of such bonds, the real property 
so included or annexed shall thereafter be subject to the assessment and 
levy of a tax for the payment of the principal and interest of such 
bonds. [See also Chap. XVI.] 

Taxes Constitute Lien on Property. 

Sec. 9. All taxes levied and assessed as in this Act provided shall 
constitute a lien on the property charged therewith, from the date of 
the levy thereof by the County Commissioners, or the entry thereof on 
the assessment roll of the County Auditor, until the same are paid, and 
thereafter, if allowed to become delinquent, shall be enforced in the 
same manner as is now provided by law for the collection of state and 
county taxes. And no additional allowance, fee, or compensation what- 
ever shall be paid to any officer for carrying out the provisions of 
this Act. 

Repeal. 

Sec. 10. All Acts and parts of Acts in conflict herewith are hereby 
repealed. 



SCHOOL LAWS OF NEVADA. 65 

BONDS FOR MANUAL TRAINING. 



Chap. XV — An Act to enable school districts to issue negotiable coupon 
bonds for the purpose of erecting, furnishing, equipping, and 
maintaining builditigs for industrial traini^ig, manual training, 
domestic science, and agriculture, or for any one or all of these 
purposes, and providing for the payment of the principal indebted- 
ness and the interest thereon, and other matters properly connected 
therewith. Approved March 16, 1909, p. 122. 

Bonds for Various Purposes. 

Section 1. Any school district of the State is hereby authorized to 
borrow money for the purpose of purchasing grounds, erecting build- 
ings, and furnishing, equipping, and maintaining the same, for instruc- 
tion in industrial training, manual training, domestic science, and 
agriculture, or for any one or all of these purposes, by issuing negotia- 
ble coupon bonds of the district. 

Under General Act. 

Sec. 2. Such bonds shall be determined upon, submitted to vote of 
the district interested, authorized, issued, and paid, in accordance with 
the provisions of the general law for bonding school districts, as 
approved March 12. 1907, and as amended February 8, 1908. 

In Effect. 

Sec. 3. This Act shall take effect upon its passage and approval. 



SECURITY OF SCHOOL BONDS. 



Chap. XVI — An Act to protect the security of school bonds. 
Approved March 13, 1909, p. 94. 

Change of School Districts Not to Release Responsibility for Bonds. 

Section 1. No change in the boundary lines of any school district 
that has been, or may hereafter be, bonded for school purposes shall 
operate to release any part of the property of such district, as existing 
prior to such change, from taxation for payment of the outstanding 
bonds issued prior thereto. 

In Effect. 

Sec. 2. This Act shall take effect upon its passage and approval. 



66 SCHOOL LAWS OF NEVADA. 

COMPULSORY EDUCATION. 



Chap. XVII — An Act providing for compulsory education and other 
matters properly connected therewith, providing for penalities for 
the violation of any of the provisions thereof, and repealing any 
and all prior laws on the subject of compulsory education. 

Approved March 20, 1909, p. 147. 
Various Excuses for N on- Attendance. 

Section 1. Each parent, guardian, or other person, in the State of 
Nevada, having control or charge of any child between the ages of eight 
and sixteen years shall be required to send such child to a public school 
during the time in which a public school shall be in session in the school 
district in which said child resides; but such attendance shall be 
excused : 

1. When satisfactory evidence is presented to the Board of Trustees 
of the school district in which such child resides, that the child's bodily 
or mental condition is such as to prevent or render inadvisable attend- 
ance at school, or application to study. A certificate from any reputa- 
ble physician that the child is not able to attend school, or that its 
attendance is inadvisal)le, nmst be taken as satisfactory evidence by 
any such board; 

2. When the child has already completed the eight grades of the 
prescribed grammar-school course ; 

3. When satisfactory .evidence is presented to the Board of Trustees 
that the child is being taught in a private school, or by a private tutor, 
or at home, by any person capable of teaching in such branches as are 
usually taught in the primary and grammar schools of this State; 

4. When satisfactory evidence is presented to the Board of Trustees 
that the child's labor is necessary for its own or its parent's support; 

5. When the District Superintendent shall determine that the child's 
residence is located at such distance from the public school as to render 
attendance impracticable or unsafe. 

Truancy Defined. 

Sec. 2. Any child shall be deemed a truant, in the meaning of this 
Act, who shall have been absent from school, without valid excuse, more 
than three days ; and absence for any part of a day shall be considered 
as absence for that entire day. The teacher, attendance officer, or other 
person connected with the schools, shall send or deliver a written notice 
of such truancy to the parent, guardian, or other person, having control 
or charge of the child. After such notice has thus been furnished or 
sent to said parent, guardian, or other person, any child who is absent 
from school thereafter within the school year, without valid excuse, one 
or more days or parts thereof, shall again be deemed a truant. Any 
child shall be declared an habitual truant who shall have been deemed 
a truant three or more times within the school year. Any child who 
has once been declared an habitual truant and who in a succeeding 
year is absent from school, without valid excuse, for one or more days 
or parts thereof, may again be declared an habitual truant. 



SCHOOL LAWS OF NEVADA. 67 

Punishment of Parent. 

Sec. 3. Any parent, guardian, or other person having control or 
charge of any child, to whom notice has been given of truancy, as pro- 
vided in section two of this Act, and who fails to prevent the child's 
subsequent truancy within that school year, shall be deemed guilty of 
a misdemeanor, and upon conviction shall be liable, for the first offense, 
to a fine of not more than ten dollars or imprisonment for not more 
than five days, and for each subsequent offense he shall be liable to a 
fine of not less than ten or more than fifty dollars, or to imprisonment 
for not less than five nor more than twenty-five days, or to both such 
fine and imprisonment. 

Scliool Trustees to Make Investigation. 

Sec. 4. The Board of Trustees of any school district shall, on the 
complaint of any person, make a full and impartial investigation of all 
charges against parents or guardians or other persons having control 
or charge of any such child, for violation of any of the provisions of 
this Act. If it shall appear upon such investigation that any such 
parent or guardian or other person has violated any of the provisions 
of this Act, it is hereby made the duty of the Clerk of such Board of 
Trustees to make and file in the proper court a criminal complaint 
against such parent, guardian, or other person, charging such \aolation, 
and to see that such charge is prosecuted by the proper authorities ; 
provided, that in such school districts having an attendance officer, such 
officer, shall, if so directed by the Board of Trustees, make and file 
such complaint, and see that such charge is prosecuted by the proper 
authorities. 

Ti'ustces May Appoint and Remove Attendance Officer. 

Sec. 5. The Board of Trustees of any school district may appoint 
and remove at pleasure an attendance officer and shall fix the compensa- 
tion therefor, and shall prescribe the duties of said officer, not incon- 
sistent with law, and make rules and regulations for the performance 
thereof. It shall be the duty of the attendance officer, or any peace 
officer, or any other school officer, to arrest during school hours, Avithout 
a warrant, any child between the ages of eight and sixteen years, who 
has been reported to him by the teacher, the City Superintendent, or 
other person connected with the schools, as an absentee from instruc- 
tion upon which he is lawfully required to attend within the school dis- 
trict. Such arresting officer shall forthwith deliver the child so arrested 
to the teacher, parent, guardian, or other person having control or 
charge of said child. 

Separate Booms for Hahitual Truants. 

Sec. 6. Boards of Trustees are hereby authorized to set apart any 
school building or buildings or any room or rooms in any school build- 
ing or buildings for the establishment of special or ungraded schools, 
to provide for the instruction of habitual truants as defined in section 
two of this Act, or for pupils who have been insubordinate or disorderly 
during attendance at school. Boards of Trustees are also authorized to 
purchase sites and erect buildings for such purposes, in the same man- 



68 SCHOOL LAWS OF NEVADA. 

ner as other school sites and school buildings may be purchased and 
erected; or Boards of Trustees may rent suitable property for special 
or ungraded rooms without being so directed by vote of the district. 
Teachers of such special or ungraded schools shall have the same quali- 
fications as other teachers in the grades, and shall be paid from the 
same funds. Boards of Trustees are hereby authorized to assign 
habitual truants and other pupils who have been insubordinate or dis- 
orderly during attendance at school to such special and ungraded 
schools for a period not to exceed the remainder of the school year. 
Such pupils, however, may be restored to their former room or grade 
when in the judgment of the board there has been sufficient improve- 
ment to warrant the belief that their example and influence will no 
longer be a detriment to the room to which they shall return. 

Persons Encouraging Truancy Punished. 

Sec. 7. Any person who induces or attempts to induce any child to 
be absent unlawfully from school, or who knowingly employs or harbors 
while school is in session any child absent unlawfully from school, shall 
be deemed guilty of a misdemeanor, and on conviction shall be pun- 
ished by a fine of not more than fifty dollars or by imprisonment of not 
more than twenty-five days, or by both such fine and imprisonment. 
The attendance officer or any other school officer is hereby empowered 
to visit any place or establishment where minor children are employed 
to ascertain whether the provisions of this law are dulj^ complied with, 
and may demand from all employers of such children a list of children 
employed, with their names and ages. 

Punishment for False Statements. 

Sec. 8. Any parent, guardian, or other person who makes a false 
statement concerning the age or school attendance of a child between 
the ages of eight and sixteen years who is under his control or charge, 
such false statement being made with intent to deceive under this Act, 
shall be deemed guilty of a misdemeanor, and on conviction, shall be 
punished by a fine of not more than fifty dollars or by imprisonment of 
not more than twenty-five days, or by both such fine and imprisonment. 

Disposal of Fines. 

Sec. 9. All fines collected under the provisions of this Act shall be 
paid into the Permanent School Fund of the State. 

Bepeal. 

Sec. 10. Any and all Acts which have been previously passed on 
the subject of compulsory education are hereby repealed. 



SCHOOL LAWS OP NEVADA. 69 

DEPENDENT, NEGLECTED, AND DELINQUENT CHILDREN. 



Chap. XVIII — An Act relating to children who are now or who may 
hereafter become dependent, neglected, or delinquent, to define 
these terms and to provide for the treatment, control, maintenance, 
protection, adoption, and guardianship of the person of such child 
or children. Approved .March 24, 1909, p. 229. 

Section 1. Definition. That all persons under the age of twenty- 
one years, shall, for the purpose of this Act only, be considered wards 
of this State and their persons shall be subject to the care, guardian- 
ship, and control of the court as hereinafter provided. For the pur- 
pose of this Act the words "dependent child" and "neglected child" 
shall mean any male child who, while under the age of seventeen A'ears, 
or any female child who, while under the age of eighteen years, for any 
reason is destitute, homeless, or abandoned; or dependent upon the 
public for support ; or has not proper parental care or guardianship ; 
or habitually begs or receives alms ; or is found living in any house of 
ill-fame, or Avith any vicious or disreputable person, or has a home 
which by reason of neglect, cruelty, or depravity, on the part of its 
parents, guardian, or any other person in whose care it may be, is an 
anfit place for such child; and any child who, while under the age of 
ten years, is found begging, peddling, or selling any article or articles, 
or singing, or playing any musical instrument for gain upon the street 
or giving any public entertainments, or accompanies or is used in the 
aid of any person so doing. The words "delinquent child" shall mean 
any male child who, while under the age of seventeen years, or any 
female child who, while under the age of eighteen years, violates any 
law of this State; or is incorrigible, or knowingly associates with 
thieves, vicious, or immoral persons ; or without just cause, and without 
the consent of the parents, guardian, or custodian absents itself from 
its home or place of abode, or is growing up in idleness or crime; or 
knowingly frequents or visits a house of ill-fame or ill-repute; or 
knowingly frequents or visits any policy shop or place where any 
gaming device is operated ; or patronizes, visits, or frequents any saloon 
or dramshop where intoxicating liquors are sold; or patronizes any 
public poolroom where the game of pool or billiards is being carried 
on for pay or hire ; or who wanders about the streets in the night time 
without being on any lawful business or lawful occupation; or habit- 
ually wanders about any railroad yards or tracks or jumps or attempts 
to jump onto any moving train ; or enters any car or engine without 
lawful authority, or writes or uses vile, obscene, profane, or indecent 
language, or smokes cigarettes in any public place or about any school- 
house ; or is guilty of indecent, immoral, or lascivious conduct ; any child 
committing any of these acts shall be deemed a delinquent child and 
when proceeded against, such proceeding shall be on behalf of the State 
in the interest of the child and the State, with due regard for the rights 
and duties of parents and others, by petition to be filed by any reputable 
person, and to that end it shall be dealt with, protected, and cared for 
in the probate or chancery court as a ward of the State in the manner 



70 SCHOOL LAWS OF NEVADA. 

hereinafter provided. A deposition of any child nnder this Act or any 
evidence given in such cause, shall not, in any civil, criminal, or other 
cause or proceeding whatever in any court, be lawful or proper evi- 
dence against such child for any purpose whatever, except in subse- 
quent cases against the same child under this Act; nor shall the name 
of any such child in connection with any proceedings under this Act 
be published in any newspaper, without a written order of the court. 
The word "child" or "children" may be held to mean one or more 
children, and the word "parent" or "parents" may be held to mean 
one or both parents, when consistent with the intent of this Act. The 
word ' ' association ' ' shall include any association, institution, or corpo- 
ration which include in their purposes the care or disposition of chil- 
dren, coming within the meaning of this Act. 

Sec. 2. Jurisdiction. The District Courts of the several Judicial 
Districts in this State shall have original jurisdiction in all cases 
coming within the terms of this Act. In all trials under this Act, any 
person interested therein may demand a jury of six or twelve persons, 
or the Judge of his own motion may order a jurj^ of the same number 
to try the case. 

Sec. 3. Juvenile Department. The findings of the court shall be 
entered in a book or books to be kept for that purpose, and known as 
the "Juvenile Department," and the court may for convenience be 
called the "Juvenile Department of the District Court." 

Sec. 4. Petition to the Court. Any reputable person, being a resi- 
dent of the county, may file with the Clerk of the court having jurisdic- 
tion of the matter, a petition in writing setting forth that a certain 
child, naming it, within his county, is either dependent, neglected, or 
delinquent as defined in section one hereof ; and that it is for the inter- 
est of the child and this State that the child be taken from its parent, 
parents, custodian, or guardian and placed under the guardianship of 
some suitable person to be appointed hy the court ; and that the parent, 
parents, custodian, or guardian of such child, are unfit or improper 
guardians, or are unable or unwilling to care for, protect, train, edu- 
cate, correct, control, or discipline such child, or that the parent, 
parents, guardian, or custodian consent that such child shall be taken 
from them. The petition shall also set forth either the name, or that 
the name is unknown to petitioner (a) of the person ha\ing the custody 
of such child; and (5) of each of the parents or the surviving parent 
of a legitimate child; or of the mother of an illegitimate child; or (c) if 
it allege that both such parents are, or such mother is, dead, then of 
the guardian, if any, of such child; or (d) if it allege that both such 
parents are or that such mother is dead and that no guardian of such 
child is known to petitioner. All persons so named in such petition 
shall be made defendants by name and shall be notified of such pro- 
ceedings by summons if residents of this State in the same manner as 
is now or may hereafter be required in court proceedings by the laws 
of this State except only as herein otherwise provided. All persons, if 
any, who or whose names are stated in the petition to be unknown to 
petitioner, shall be deemed and taken as defendants by the name or 
designation of ' ' all whom it may concern. ' ' The petition shall be veri- 
fied by affidavit, which affidavit shall be suificient upon information 



SCHOOL LAWS OP NEVADA. 71 

and belief. Process shall be issued against all persons made parties 
by the designation of "all whom it may concern" by such descrip- 
tion, and notice given by publication as is required in this Act shall be 
sufficient to authorize the court to hear and determine the suit as 
though the parties had been sued by their proper names. 

Sec. 5. Summons. The summons shall require the person alleged 
to have the custody of the child to appear with the child at the time and 
place stated in the summons ; and shall also require all defendants to 
be and appear and answer the petition on the return day of the sum- 
mons. The summons shall be made returnable at any time within 
twenty days after the date thereof and may be served by the Sheriff, 
or b}^ any duly appointed probation officer, even though such officer be 
the petitioner. The return of such summons with indorsement of 
service by the Sheriff or by such probation officer in accordance here- 
with shall be sufficient proof thereof. 

Whenever it shall appear from the petition or from affidavit filed in 
the cause that anj^ named defendant resides or hath gone out of the 
State, or on due inquirj- cannot be found, or is concealed within this 
State or that his place of residence is unknown so that process cannot 
be served upon him, or whenever any person is made defendant under 
the name or designation of ' ' all whom it may concern, ' ' the Clerk shall 
cause publication to be made once in some newspaper of general cir- 
culation published in his county, and if there be none published in his 
county, then in a newspaper published in the nearest place to his 
county in this State, which shall be substantially as follows : 

A, B, C, D, etc. (here giving the names of such named defendants, 
if any), and to "all to whom it may concern" (if there be any defend- 
ant under such designation) : 

Take notice that on the day of , A. D. 19...., a 

petition was filed by in the Court of 

County to have a certain child named declared a (depend- 
ent or delinquent) and to take from you the custody and guardianship 
of said child (and if the petition prays for the appointment of a guard- 
ian with power to consent to adoption, add and to give said child out 
for adoption). 

Now, unless you appear within ten days after the date of this notice 
and show cause against such application, the petition shall be taken for 
confessed and a decree granted. 

Dated (the date of publication). , Clerk. 

And he shall also within ten days after the publication of such notice 
send a copy thereof by mail, addressed to such defendants whose place 
of residence is stated in the petition, and who shall not have been 
served with summons. Notice given by publications as is required by 
this Act shall be the only publication notice required either in the case 
of residents, non-residents, or otherwise. The certificate of a Clerk that 
he has sent such notice in pursuance of this section shall be evidence 
thereof. Every defendant who shall be duly summoned shall be held 
to appear and answer either in writing or orally in open court on 
return day of the summons or if such summons shall be served less than 
one day prior to the return day then on the following day. Every 
defendant who shall be notified by publication as herein provided shall 



72 SCHOOL LAWS OF NEVADA. 

be held to appear and answer either in writing or orally in open court 
within twenty days after the date of the publication notice. The 
answer shall have no greater weight as evidence than the petition. In 
default of an answer at the time or times herein specified or at such 
further time as by order of court may be granted to a defendant, the 
petition may be taken as confessed. If the person having the custody 
or control of the child shall fail without reasonable cause to bring the 
child into court, he may be proceeded against as in case of contempt 
of court. In case the summons shall be returned and not served upon 
the person having the custody or control of such child or such person 
fails to obey the same and in any case when it shall be made to appear 
to the court by affidavit, which may be on information and belief that 
such summons will be ineffectual to secure the presence of the child, a 
warrant may be issued on the order of the court either against the 
parents or either of them, or guardian, or the person having the cus- 
tody or control of the child or with whom the child may be or against 
the child itself to bring such person into court. On default of the cus- 
todian of the child or on his appearance or answer, or on the appear- 
ance in person of the child in court with or without the summons or 
other process and on the answer, default, or appearance, or written 
consent to the procedings of the other defendants thereto, or as soon 
thereafter as may be, the court shall proceed to hear evidence. The 
court may, in any case when the child is not represented by any per- 
son, appoint some suitable person to act on behalf of the child. At 
any time after the filing of the petition and pending the final disposi- 
tion of the case, the court may continue the hearing from time to time 
and may allow such child to remain in the possession of his custodian 
or in its own home subject to the friendly visitation of a probation 
officer, or it may order such child to be placed in the custody of a 
probation officer of the court, or of any suitable person appointed by 
the court, or to be kept in some suitable place provided by the city or 
county authorities. 

Sec. 6. Probation Officers. The District Courts in this State shall 
have authority to appoint any number of discreet persons of good 
moral character to serve as probation officers during the pleasure of 
the court; said probation officers to receive no compensation from the 
county treasury except as herein provided. It shall be the duty of the 
Clerk of the court, if practicable, to notify the said probation officer 
when any child is to be brought before the court ; it shall be the duty 
of such probation officer to make investigation of such case ; to be pres- 
ent in court to represent the interests of the child when the case is 
heard ; to furnish to such court such information and assistance as the 
court or Judge may require, and to take charge of any child before and 
after the trial as may be directed by the court. The number of proba- 
tion officers to receive compensation from the county, named and des- 
ignated by the District Court, shall be as follows: In all counties in 
this State the District Judge may appoint one probation officer, when- 
ever in the opinion of the District Judge, the District Superintendent 
of Schools, in which district said county may be located, or be a part 
thereof, and a majority of the Board of County Commissioners of said 
county shall deem such appointment necessary to care for the depend- 



SCHOOL LAWS OF NEVADA. 73 

ent and delinquent children of the county; provided, such probation 
officer can be removed from office at any time by the said District 
Judge. The salary of said probation officer shall not exceed the sum 
of eighteen hundred dollars a year, and the expenses of such probation 
officer for probation work shall not exceed the sum of seven hundred 
and fifty dollars per year; provided, that the said probation officer can 
be appointed for any portion or part of a year as the said District 
Judge may determine, and can be paid for the time and period said 
probation officer serves under such appointment. The salary and 
expenses of the probation officer shall be paid out of the county funds 
in the county treasury in monthly installments. Any District Judge 
appointing such probation officer to receive a salary or other compensa- 
tion from the county provided for under this Act, shall transmit such 
appointment to the District Superintendent of Schools of the district 
of which the county in which said appointment is made is a part, the 
State Superintendent of Public Instruction, and the Governor of this 
State, who shall constitute a board to investigate the competency of 
such person so appointed to act as a probation officer, and it shall be 
the duty of a majority of said board to approve or disapprove of such 
appointee, within thirty days after submission thereof by the said Dis- 
trict Court, and a failure to act thereon within such time shall consti- 
tute an approval of such appointment ; if a majority of such board are of 
the opinion that such appointee does not possess the qualifications for 
a probation officer, they shall notify the court of their conclusions 
within thirty days of the submission of such appointment to the 
respective members thereof, whereupon it shall be the duty of the Dis- 
trict Judge to withdraw such appointment and appoint some one who 
shall receive the approval of said board. Probation officers receiving 
a salary or other compensation from the county, provided for by this 
Act, are hereby vested with all the power and authority of police or 
Sheriffs to make arrests and perform any other duties ordinarily 
required by policemen and Sheriffs which may be incident to their 
office or necessary or convenient to the performance of their duties ; 
provided, that other probation officers may be vested with like power 
and authority upon a written certificate from the District Judge that 
they are persons of discretion and good character, and that it is the 
desire of the court to vest them with all the power and authority con- 
ferred by law upon probation officers receiving compensation from the 
county. Salaries or compensation of paid probation officers permitted 
by this Act shall be fixed by the District Judge, not to exceed the sums 
herein mentioned, and any bills for expenses, not exceeding the sums 
herein provided for, shall be certified to by the District Judge as being 
necessary in and about the performance of the duties of probation offi- 
cer or officers. The appointment of probation officers and the approval 
thereof as to the qualifications of such officers by the board herein des- 
ignated, shall be filed in the office of the Clerk of the Court. Probation 
officers shall take an oath such as may be required of other county offi- 
cers to perform their duties and file it in the office of Clerk of the 
District Court. Nothing herein contained, however, shall be held to 
limit or abridge the power of the District Judge to appoint any num- 
ber of persons as probation officers, whom said Judge may see fit and 



74 SCHOOL LAWS OF NEVADA. 

Avho may be willing to serve without pay from the county for such 
services as probation officers. 

Sec. 7. Dependent and Neglected Children. If the court shall find 
any male child under the age of seventeen years, or any female child 
under the age of eighteen years, to be dependent or neglected within 
the meaning of this Act, the court may allow such child to remain at its 
home subject to the friendly visitation of a probation officer, or to 
report to the court or probation officer from its home or school at such 
times as the court may require. And if parent, parents, guardian, or 
custodian consent thereto, or if the court shall further find that the 
parent, parents, guardian, or custodian of such child are unfit or 
improper guardians or are unable or unwilling to care for, protect, 
train, educate, correct, or discipline such child and that it is for the 
interest of such child and of the people of this State that such child be 
taken from the custody of its parents, custodian, or guardian, the court 
may make an order appointing as guardian of the person of such child, 
some reputable citizen of good moral character, and order such guard- 
ian to place such child in some suitable family home or other suitable 
place, which such guardian may provide for such child, or the court 
may enter an order committing such child to some suitable state insti- 
tution, of this or any other State organized for the care of dependent 
or neglected children, or to some training school or industrial school or 
children's home-finding society of this or any other State or to some 
association embracing in its objects the purpose of caring for or obtain- 
ing homes for neglected or dependent children, which association shall 
have been accredited as hereinafter provided. 

Sec. 8. Guardianslii'p. In every case where such child is committed 
to an institution, or association, the court shall appoint the president, 
secretary, or superintendent of such institution or association, guardian 
over the person of such child and shall order such guardian to place 
such child in such institution or with such association, whereof he is 
such officer, and to hold such child, care for, train, and educate it sub- 
ject to the rules and laws that may be in force from time to time gov- 
erning such institution or association. 

Sec. 9. Delinquent Children. If the court shall find any male 
child under the age of seventeen years, or any female child under the 
age of eighteen years, to be delinquent within the meaning of this Act, 
the court may allow such child to remain at its own home subject to 
the friendly visitation of a probation officer, such child to report to the 
court or probation officer with such record of its conduct in its home 
or school as the court may require as often as may be required, and if 
the parents, parent, guardian, or custodian consent thereto, or if the 
court shall further find either that the parent, parents, guardian, or 
custodian are unfit or improper guardians or are unable or unwilling 
to care for, protect, educate, or discipline such child and shall further 
find that the parent, parents, guardian, or custodian are unfit or 
improper guardians or are unable or unwilling to care for, protect, 
educate or discipline such child and shall further find that it is for the 
interest of such child and of the people of this State that such child 
be taken from the custody of its parents, parent, custodian, or guard- 



SCHOOL LAWS OF NEVADA. 75 

ian, the court may appoint some proper person or probation officer 
guardian over the person of such child ancl permit it to remain at its 
home, or order such guardian to cause such child to be placed in a 
suitable family home, or cause it to be boarded out in some suitable 
home, in case provision is made by voluntarj^ contribution or otherwise 
for the payment of the board ; or the court may commit such child to 
any institution incorporated under the laws of this or any other State 
to care for delinquent children, or to any institution that has been or 
may be provided by the State, county, city, town, or village suitable for 
the care of delinquent children, including a detention home or school, 
or to some association that will receive it. embracing in its objects the 
care of neglected, dependent, or delinquent children and which has 
been duly accredited as hereinafter provided. In every case where 
such child is committed to an institution or association, the court shall 
appoint the president, secretary, or superintendent of such institution 
or association, guardian over the person of such child and shall order 
such guardian to place such child in such institution or with such asso- 
ciation, whereof he is such officer, and to hold such child, care for, 
train, and educate it subject to the rules and laws that may be in force, 
from time to time governing such institution or association. 

Sec. 10. The court may in its discretion in any case of a delinquent 
child permit such child to be proceeded against in accordance with the 
laws that may be in force in this State governing the commission of 
crimes or violation of city, village, or town ordinances ; in such case 
the petition tiled under this Act shall be dismissed. 

Sec. 11. The court may when the health or condition of any child 
found to be dependent, neglected, or delinquent, requires it, order the 
guardian to cause such child to be placed in a public hospital or insti- 
tution for treatment or special care, or in a private hospital or institu- 
tion, which will receive it for like purposes, without charge to the 
public authorities. 

Sec. 12. Any child found to be dependent, neglected, or delinquent 
as defined in this Act, and awarded by the court to a guardian, institu- 
tion or association, shall be held by such guardian, institution, or asso- 
ciation, as the case may be, by virtue of the order entered of record in 
such case, and the Clerk of the court shall issue and cause to be deliv- 
ered to such guardian or association a certified copy of such order of 
the court. Avhich certified copy of such order shall be proof of the 
authority of such guardian, institution, or association in behalf of such 
child, and no other process need issue to warrant the keeping of such 
child. The guardianship under this Act shall continue until the court 
shall by further order otherwise direct, but not after such child shall 
have reached the age of twenty-one years. 

Sec. 13. The court may, from time to time, cite into court the 
guardian, institution, or association to whose care any dependent, neg- 
lected, or delinquent child has been awarded, and require him or it to 
make a full, true, and perfect report as to his or its doings in behalf of 
such child; and it shall be the duty of such guardian, institution, or 
association, within ten daj^s after such citation, to make such report 
either in writing verified by affidavit, or verbally under oath in open 



76 SCHOOL LAWS OF NEVADA. 

court, or otherwise as the court shall direct, and upon the hearing of 
such report, with or without further evidence, the court may, if it sees 
fit, remove such guardian and appoint another in his stead, or take 
such child away from such institution or association and place it in 
another, or restore such child to the custody of its parents or former 
guardian or custodian. 

Sec. 14. Transfers From Justice and Police Magistrates. When in 
any county where a court is held as provided in section two of this Act, 
a male child under the age of seventeen years, or a female child under 
the age of eighteen years, is arrested with or without warrant, such 
child may, instead of being taken before a Justice of the Peace or 
police magistrate, be taken directly before such court; or if the child 
is taken before a Justice of the Peace or police magistrate, such Justice 
or magistrate shall inquire into such case, and unless he be of thd 
opinion that no sufficient foundation exists for the charge of depend- 
ency or delinquency, it shall be the duty of such Justice of the Peace 
or police magistrate to transfer the case to the District Court, and the 
officer having the child in charge to take the child before such court, 
and in any case the District Court may proceed to hear and dispose of 
the case in the same manner as if the child had been brought before the 
court upon petition as herein provided. In any case, the court shall 
require notice to be given and investigation to be made as in other cases 
under this Act, and may adjourn the hearing from time to time for 
that purpose. 

Sec. 15. Children Under Twelve Years Not to he Committed to Jail. 
No court or magistrate shall commit a child under twelve years of age 
to a jail or police station, but if such child is unable to give bail it may 
be committed to the care of the Sheriff, police officer, or probation offi- 
cer who shall keep such child in some suitable place provided by the 
city or county outside of the enclosure of any jail or police station. 
When any child shall be sentenced to confinement in any institution to 
which adult convicts are sentenced, it shall be unlawful to confine such 
child in the same building with such adult convicts, or to confine such 
child in the same yard or enclosure with such adult convicts, or to bring 
such child into any yard or building in which adult convicts may be 
present. In counties of over fifteen thousand population it shall be the 
duty of the proper authorities to provide and maintain at public 
expense a house separated and removed from any jail or lockup, to be 
m charge of a matron or other person of good moral character, wherein 
all children within the provisions of this Act shall, when necessary 
before or after trial, be detained either for securing the attendance of 
such child at any hearing or trial of any cause, or for such disciplinary 
purposes as may seem necessary to the court for the best interests of 
said child and of the State. Any child within the provisions of this 
Act, informed against' or regarding which a petition has been filed, or 
for any purpose taken into custody, shall, at any time before it is tried 
and adjudged to be delinquent, be entitled, by any friend or parent 
offering sufficient surety, to give bond or other security for its appear- 
ance at any hearing or trial of such case as such right is given to per- 
sons informed against for crime ; and the court may in any case, upon 
the request of said child or parent representing it, appoint counsel to 



SCHOOL LAWS OF NEVADA. 77 

appear and defend on behalf of any such child, such counsel to receive 
no pay from the county. 

Sec. 16. Agents of Juvenile Reformatories. It shall be the duty of 
the board of managers, trustees, or such authorities as may be vested 
by law with the control or management of any state institution now or 
hereafter established to which juvenile delinquents may be committed 
by the courts of this State, to maintain an agent of such institution, 
whose duty it shall be to examine the homes of children paroled from 
such institution, for the purpose of ascertaining and reporting to said 
institutions where they have suitable homes ; to assist children paroled 
or discharged from such institutions in finding employment and to 
maintain a friendly supervision over paroled inmates during the con- 
tinuance of their parole; such agent shall hold office subject to the 
pleasure of the board or other authority having charge of said institu- 
tion, making the appointment, and shall receive such compensation as 
such board or authorities controlling such institution may determine 
out of any funds appropriated for such institution which may be appli- 
cable thereto. 

Sec. 17. Incorporation of Association. No association whose objects 
embrace the caring for dependent, neglected, or delinquent children 
shall hereafter be incorporated in this State. 

Sec. 18. The State of Nevada shall be chargeable with and defray 
all expenses incurred for the support, maintenance, education, care, 
custody, and control of each and every child after its commitment 
under the terms and provisions of this Act. 

Sec. 19. Order Relating to Adoption. Whenever the petition filed, 
as is provided in section four hereof, or a supplemental petition filed at 
any time after the appointment of the saiardian, shall pray that the 
guardian appointed or to be appointed shall be authorized to consent 
to the legal adoption of the child, and the court upon the hearing shall 
find that it is to the best interests of such child that the guardian be 
given such authority, the court may, in its order appointing such 
guardian, empower him to appear in court where any proceedings for 
the adoption of such child may be pending, and to consent to such 
adoption; and such consent shall be sufficient to authorize the court 
where the adoption proceedings are pending to enter a proper order 
or decree of adoption without further notice to or consent by the 
parents or relatives of such child; provided, however, that before enter- 
ing such order the court shall find from the evidence that (1) the 
parents or surviving parent of a legitimate child or the mother of an 
illegitimate child, or if the child has no parents living, the guardian of 
the child, if any, or if there is no parent living and the child has no 
guardian or the guardian is not known to petitioner, then a known, 
near relative of the child, if any there be, consents to such order; 
or (2) that one parent consents and the other is unfit for any of the 
reasons hereinafter specified to have the child, or that both parents are 
or that the surviving parent or the mother of an illegitimate child is so 
unfit for such reasons — the grounds of unfitness being (a) depravity, 
(fo) open and notorious adultery or fornication, (c) habitual drunken- 
ness for the space of one year prior to the filing of petition, {d) extreme 
and repeated cruelty to the child, (f) abandonment of the child or 



78 SCHOOL LAWS OF NEVADA. 

(/) desertion of the child for more than six months next preceding the 
filing of the petition, and (3) that such child, if of the age of fourteen 
years or over, consents to such order. 

Sec. 20. Foreign Corporations. No association which is incorpo- 
rated under the laws of any other State than the State of Nevada shall 
place any child in any family home within the boundaries of the State 
of Nevada either with or without indenture or for adoption, unless the 
said association shall have furnished the Attorney-General with such 
guaranty as he may require that no child shall be brought into the 
State of Nevada by such society or its agents, having any contagious, 
or incurable disease, or having any deformity or being feeble minded, 
or of vicious character, and that said association shall promptly receive 
and remove from the State any child brought into the State of Nevada 
by its agent, which shall become a public charge within the period of 
fiVe years after being brought into the State. Any person who shall 
receive, to be placed in a home, or shall place in a home, any child ih 
behalf of any association incorporated in any other State than the 
State of Nevada, which shall not have complied with the provisions of 
this Act, shall be imprisoned in the county jail not more than thirty 
days, or fined no less than five dollars or more than one hundred dol- 
lars, or both, in the discretion of the court. 

Sec. 21. Religious Preference. The court in committing children 
shall place them as far as practicable in the care and custody of some 
individual holding the same religious belief as the parents of the said 
child, or with some association or institution which is controlled by 
persons of like religious faith of the parents of said child. 

Sec. 22. Officers of Courts. It shall be unlawful for any court 
clerk or other person to tax or collect, or for any county to pay any 
fees whatever which may be permitted by any law to be taxed or col- 
lected for the benefit of any court officer or person for any case con- 
cerning any child coming within the provisions of this Act for violating 
any law of this State unless such child shall be proceeded against under 
the provisions and in accordance with the purpose of this Act, except 
in capital cases or where the courts shall direct a proceeding under the 
criminal code, as provided in section ten of this Act, or where a case 
has been instituted before a Justice of the Peace or police magistrate, 
who shall duly comply with the terms of section fourteen of this Act. 

Sec. 23. Construction of Act. This Act shall be liberally construed 
to the end that its purpose may be carried out, to wit, that the care, 
custody, and discipline of the child shall approximate as nearly as may 
be that which should be given by its parents, and in all cases of 
dependency where it can be properly done, that the child shall be placed 
in an approved family home, and become a member of a home and 
family by legal adoption or otherwise, and in cases of delinquency, 
that, as far as possible, or practicable, any delinquent child shall be 
treated, not as a criminal, but as misdirected and misguided and need- 
ing aid, encouragement, and assistance, and if such child cannot be 
handled, properly cared for, and corrected in its own home, or with the 
assistance and help of the probation officers, then that it may be placed 
in a suitable institution where it may be helped and educated and 
equipped for industrial efficiency and useful citizenship. 



SCHOOL LAWS OF NEVADA. 79 

Sec. 24. Support of Children. If it shall appear, upon the hearing 
of the cause, that the parent, parents, or any person or persons named 
in such petition who are in law liable for the support of such child, are 
able to contribute to the support of such child, the court shall enter an 
order requiring such parent, parents, or other persons to pay to the 
guardian so appointed, or to the institution to which such child may be 
committed, or to the State, a reasonable sum from time to time for the 
support, maintenance, or education of such child, and the court may 
order such parent, parents, or other persons to give reasonable security 
for the payment of such sum or sums, and, upon failure to pay, the 
court may enforce obedience to such order as for contempt of court. 
The court may, on application and on such notice as the court may 
direct from time to time, make such alterations in the allowance as may 
appear reasonable and proper. 

Sec. 25. Guardianship of Person. Nothing in this Act shall be 
construed to give the guardian appointed under this Act the guardian- 
ship of the estate of the child or to change the age of minority for any 
other purpose except the custody of the child. 

Sec. 26. Appeals. Cases under this Act may be reviewed by appeal 
to the Supreme Court. 

Sec. 27. Contempt of Court. Any person who shall interfere with 
the direction or disposition of any child under any order of the court 
concerning any child made in pursuance of the provisions of this Act, 
or with any probation or other officer of the court in carrying out the 
directions of the court under any such order, shall be held to be in 
contempt of court and subject to punishment as for contempt of court. 

Sec. 28. Validity of Acts. The invalidity of any portion of this 
Act shall not affect the validity of any other portion thereof which can 
be given effect without such invalid part. 



PROTECTION OF SCHOOL CHILDREN. 



Chap. XIX — An Act to secure protection to school children and to 
preserve the peace of public schools, and matters connected there- 

'^'^^^- Approved March 6, 1893, p. 106. 

Misdemeanor to Interfere With Pupil. 

Section 1. It shall be a misdemeanor for any person or persons to 
detain, beat, whip, or otherwise interfere with any pupil or pupils 
attending any public school in the State of Nevada on his, her, or their 
way to or from such school against the will of such pupil or pupils. 

Misdemeanor to Disturb School. 

Sec. 2. It shall be a misdemeanor for any person or persons to dis- 
turb the peace of any public school in the State of Nevada by using vile 
or indecent language, or by threatening or assaulting any pupil or 
teacher within the building or grounds of such school, and for the pur- 
pose of this Act the ground of every public school in the State of 
Nevada shall extend to a distance of fifty yards in all directions from 
the school building. 



80 SCHOOL LAWS OF NEVADA. 

Penalty. 

Sec. 3. Any person or persons convicted of a misdemeanor under 
either of the foregoing sections of this Act shall be subject to a fine not 
exceeding three hundred dollars or imprisonment in the county jail not 
to exceed six months, or to both such fine and imprisonment. 



PROTECTION OF SCHOOL PROPERTY. 



Chap. XX — An Act to prevent malicious injury to church, school, and 
other huildings and property, and to protect persons from mali- 
cious annoyance, and matters properly relating thereto. 

Approved March 13, 1895, p. 63. 

Injure or Deface Buildings. 

Section 1. It shall be a misdemeanor for any person or persons to 
wilfully and maliciously injure, mark, or deface any church edifice, 
schoolhouse or other building, public or private, its fixtures, books, or 
appurtenances, or to commit any nuisance therein, or to purposely and 
maliciously commit any trespass upon the grounds attached thereto, or 
any fixtures placed thereon, or any enclosure or sidewalk about the 
same, or in any manner to maliciously and purposely interfere with or 
disturb those peaceably assembled within such building or buildings. 

Penalty. 

Sec. 2. Any person or persons convicted of a misdemeanor under 
the foregoing section of this Act shall be subject to a fine, not exceeding 
two hundred dollars, or to imprisonment in the county jail not to 
exceed six months, or to both such fine and imprisonment. 



LOCATION OF HOSPITALS. 



Chap. XXI — An Act to regulate the location, equipment, or mainte- 
nance of hospitals. 

Approved March 29, 1907, p. 430. 

Hospitals Prohibited Near Schools. 

Section 1. It shall be unlawful for any person, persons, firm, cor- 
poration, or association, to locate or maintain anj'- hospital for the treat- 
ment of diseased or injured persons within three hundred feet of any 
public school building ; provided, that nothing in this Act shall apply to 
hospitals now being operated. 

Penalty. 

Sec. 2. Any person violating any of the provisions of this Act shall 
be guilty of a misdemeanor, and upon conviction thereof, shall be fined 
not less than fifty dollars nor more than three hundred dollars. 



SCHOOL LAWS OF NEVADA. 81 

LOCATION OF HOUSES OF ILL-FAME. 



Chap. XXII — An Act to regulate houses of prostitution, dance-houses, 
and houses ivhere beer, wine, or spirituous liquors are sold. 

Approved February 26, 1887, p. 84. 

Section 1. It shall be unlawful for any o^^oier or agent of any 
owner, or any other person, to keep any house of ill-fame, or to let or 
rent to any person whomsoever, for any length of time whatever, to be 
kept or used as a house of ill-fame, or resort for the purpose of prosti- 
tution, any house, room, or structure situated within four hundred 
yards of any schoolhouse or schoolroom used by any public or common 
school in the State of Nevada, or within four hundred yards of any 
church edifice, building, or structure, erected and used for devotional 
services or religious worship in the State of Nevada. As amended, 
Stats. 1903, p. 82. 

Sec. 2. [Regarding location on main streets or thoroughfares.] 

Sec. 3. Any person violating the provisions of sections one or two 
of this Act shall be deemed guilty of a misdemeanor, and on conviction 
shall be fined not less than twenty-five dollars nor more than three 
hundred dollars, or to be imprisoned in the county jail not less than 
five nor more than sixty days, or by both such fine and imprisonment, 
in the discretion of the court. 

Sec. 4. [Repealed, Statutes 1889, p. 85.] 

Sec. 5. [Regarding evidence.] 

Sec. 6. It shall be the duty of the District Attorney and Sheriff of 
each county in this State to see that the provisions of this Act are 
strictly enforced and carried into effect, and upon neglect so to do they, 
or either of them, shall be deemed guilty of misdemeanor in office, and 
may be proceeded against as provided in sections sixty-three to seventy- 
two, inclusive, of an Act entitled "An Act relating to elections," 
approved March twelfth, eighteen hundred and seventy-three. (See 
Cutting's Compiled Laws, Sections 16-46 to 1655 inclusive.) 

Sec. 7. This Act shall take effect and be in force from and after 
the first day of May, eighteen hundred and eighty -seven. 



TOWN-SITE BLOCK RESERVED FOR SCHOOL USES. 



Chap. XXIII — An Act authorizing the owners of land to lay out and 
plat such land into lots, streets, alleys, and public places, and pro- 
viding for the approval and filing of maps or plats thereof. 

Approved March 13, 1905, p. 223. 

Section 1. Owner May Plat Lands. It shall be lawful for any 
owner or owners of any land, or any trustee or trustees selected by such 
owners, to lay out and plat such land into lots, streets, alleys, and pub- 
lic squares. 

Sec. 2. Map. Whenever any lands are hereafter laid out and 
6 



82 SCHOOL LAWS OF NEVADA. 

platted as mentioned in section one, the owner or owners of the same 
or any trustee or trustees selected by such owner or owners, shall cause 
to be made out an accurate map or plat, particularly setting forth and 
describing : 

1. All the parcels of ground so laid out and platted by their bound- 
aries, course, and extent, and whether they are intended for avenues, 
streets, lanes, alleys, commons, or other public uses, together with such 
as may be reserved for public purposes, and every map or plat of ground 
so laid out shall, if it covers forty or more acres of land, show one block 
for every quarter-section of land in the parcel of ground so mapped or 
platted, and the block so designated upon the map shall be forever 
devoted and dedicated to the uses of the public-school system of the 
district in which it is located. 

2. All lots intended for sale by numbers and their precise length and 
width. As amended, Stats. 1909, p. 111. 

[Sections 3 to 12, inclusive, relate to drawing, approving, and filing 
such plats. See Statutes 1905, p. 224.] 



TEACHERS EXEMPT FROM JURY DUTY. 



Chap. XXIV^Aw Act to exempt teachers from jury duty. 

Approved March 14, 1903, p. 111. 

Section 1. Teachers actually engaged in teaching in the public 
schools of the State and members of the Faculty of the State University 
shall be exempt from jury duty during the session of the public schools 
or University, but nothing in this Act shall be construed as to excuse 
said teachers from liability to jury duty during a vacation. 



THE NATIONAL FLAG. 



Chap. XXV — An Act to require School Trustees to procure and hoist 
on public schoolhouses the United States flag. 

Approved March 13, 1909, p. 100. 

Section 1. Boards of School Trustees in all school districts through- 
out the State shall provide for their respective schoolhouses a suitable 
flag of the United States, which shall be hoisted on the respective 
schoolhouses on all suitable occasions. 

Sec. 2. The respective Boards of Trustees are hereby authorized 
and directed to cause said flags to be paid for out of any county school 
money in their respective school district funds not required for regular 
school expenses. 

Sec. 3. This Act shall take eifect on approval. 



SCHOOr. LAWS OF NEVADA. 83 

THE STATE FLAG. 



Chap. XXVI — An Act adopting the design of the flag of the State 

of Nevada. 

Approved February 25, 1905, p. 42. 

Section 1. The flag of the State of Nevada will be of blue bunting, 
with the following devices thereon, to wit: The word "NEVADA" in 
silver-colored block letters, equidistant between the top and bottom; 
near the top the word "SILVER" in silver color, and near the bottom 
the word "GOLD" in gold color, each of which shall be in Roman 
capital letters, and there shall be under the word "Silver" a row of 
eight stars in silver color, under which and above the word "Nevada" 
a row of nine stars in gold color, at each end of the word "Nevada" a 
silver-colored star, and under the word "Nevada" a row of nine stars 
in gold color, under which and above the word "Gold" a row of eight 
stars in silver color. Each star shall have five points and be placed 
with one point up. 

ARBOR DAY. 



Chap. XXVII — An Act estahlishing Arbor Day. 
Approved February 10, 1887, p. 51. 

Scliool Holiday. 

Section 1. Arbor Day is hereby established in the State of Nevada, 
and shall be fixed each year by proclamation of the Governor at least 
one month before the fixing of such date, and it shall be observed as a 
holiday by the public schools of this State; provided, that nothing in 
this Act shall be so construed as making this a legal holiday, so far as 
the courts and civil contracts are concerned. 

Governor to Make Proclamation. 

Sec. 2. His Excellency the Governor is requested to make procla- 
mation setting forth the provisions of the first section of this statute, 
and recommending that Arbor Day so established, be observed by the 
people of the State in the planting of trees, shrubs, and vines, in the 
promotion of forest growth and culture, in the adornment of public 
and private grounds, places, and ways, and in such other efforts and 
undertakings as shall be in harmony with the character of the day so 
established. 

UNIVERSITY OF NEVADA. 



Chap. XXVIII — An Act to fix the name of the State University of 

Nevada. 

Approved March 29, 1907, p. 433. 

Section 1. The legal and corporate name of the State University 
shall be the Universitv of Nevada. 



84 SCHOOL LAWS OF NEVADA. 

Chap. XXIX — An Act relating to the State University, and matters 
properly connected therewith. 

Approved February 7, 1887, p. 42. 
Literary and Scientific Course at State University. 

Section 1. There shall be established in the State University of 
Nevada, a school for the instruction of teachers, in which shall be 
taught all the branches of instruction which are taught in the common 
schools of this State, together with the theory and practice of teaching, 
school law, botany, physiology, and geology. ^ There shall also be taught 
in said University, chemistry, assaying, mineralogy, surveying, and 
geology, so far as they relate to the theory and practice of mining, 
agriculture, and the mechanic arts. There shall also be taught in the 
preparatory department of said University, typewriting, shorthand, 
telegraphy, bookkeeping, and commercial law, so far as they relate to 
the practical affairs of life. As amended, Stats. 1891, p. 92. 

Five Regents Authorized — Two Elected at Every General Election. 

Sec. 2. From and after the first day of January, A. D. 1907, the 
Board of Eegents of the State University shall consist of five members ; 
those who are elected for the term of four years to be knoMii as ''Long- 
Term Eegents" and those who are elected for the term of two years to 
be known as "Short-Term Regents," and to hold their offices for the 
several periods for which they are elected, and until their successors 
are elected and qualified. At the general election held in 1906 there 
shall be elected two Long-Term Regents, who shall hold their ofi&ce for 
the term of four years, and two Short-Term Regents, who shall hold 
their office for the period of two years. Thereafter, at each general 
election, there shall be elected two Regents for the long term and one 
Regent for the short term in the same manner as other state officers 
are elected. The persons elected as Regents under the provisions of 
this Act, before entering upon the discharge of their office, shall take 
and subscribe to the official oath and file the same in the office of the 
Secretary of State. In case of vacancy in said Board of Regents, the 
Governor shall fill the same by appointment until the next general elec- 
tion, when such vacancy shall be filled by election. The term of office 
of each Regent shall begin on the first Monday of January after his 
election. As amended, Stats. 1905, p. 190. 

Powers and Duties of Regents. 

Sec. 3. The powers and duties of the Board of Regents are as 
lollows : 

First — To prescribe rules for their own government, and for the 
government of the University. 

Second — To prescribe rules for the reports of officers and teachers of 
the University. 

Third — To prescribe the course of study, the time and standard of 
graduation, and the commencement and duration of the terms, and the 
length of the vacations of the University. 

Fourth — To prescribe the text-books, and provide apparatus and 
furniture for the use of pupils. 



SCHOOL LAWS OF NEVADA. 85 

Fifth — To appoint a President of the University, who shall have a 
diploma from some recognized college of learning of good standing, or 
some state normal school, who has had at least five years of practical 
experience as an instructor ; who is familiar with the modern methods 
of imparting instruction generally approved in the United States, and 
who shall be endorsed as to moral character and qualifications as an 
instructor by the president and faculty of three institutions of learning 
authorized by law to confer degrees. 

Sixth — To prescribe the duties of the President, and fix his salary 
and the salaries of all other teachers in the University. 

Seventh — To require the President, under their direction, to establish 
and maintain training and model schools, and require the pupils of the 
University to teach and instruct classes therein. 

Eighth — To control the expenditures of all moneys appropriated for 
the support and maintenance of the University, and all moneys received 
from any source whatsoever. 

Ninth — To keep open to public inspection an account of receipts and 
expenditures. 

Tenth — To annually report to the Governor a statement of all their 
transactions, and of all other matters pertaining to the University. 

Eleventh — To transmit with such report a copy of the President's 
annual report. 

Twelfth — To revoke any diploma by them granted, on receiving sat- 
isfactory evidence that the holder thereof is addicted to drunkenness, 
is guilty of gross immorality, or is reputably dishonest in his or her 
dealings; provided, that such person shall have at least thirty days' 
previous notice of such contemplated action, and shall, if he or she ask 
it, be heard in his or her own defense. 

Chairman to he Appointed. 

Sec. 4. The Board of Regents shall have the power to appoint a 
chairman, who shall receive no compensation therefor, nor shall any 
member receive any compensation for his services except necessary 
expenses in attending meetings of the board. The Board of Regents 
may employ a clerk of said board, who shall receive a salary of twenty- 
five dollars per month, and who shall keep a full record of all proceed- 
ings of the board, which shall at all times be open to public inspection, 
and said clerk shall not be a teacher in said University. 

Sec. 5. The board must hold four regular meetings in each year, 
and may hold special meetings at the call of the chairman of the board. 

Sec. 6. The President of the University must make a detailed annual 
report to the Board of Regents, with a catalogue of pupils, and such 
other particulars as the board may require or he may think useful. 

Academic Degree, How Issued — State Normal School — State High- 
School Certificates — Life Diploma — Grammar-Grade Diploma — 
Cause for Revocation — Diploma of Graduation. 
Sec. 7. Upon the recommendation of the President of the Univer- 
sity, the Board of Regents shall issue to those who worthily complete 
the full course of study in the School of j\Iines, or in the School of Agri- 
culture, or in the School of Liberal Arts, or in any equivalent course 



86 SCHOOL LAWS OF NEVADA. 

that may hereafter be prescribed, a diploma of graduation, conferring 
the proper academic degree, from the Nevada State University; and 
no diploma bearing the distinctive title, "Nevada State University," 
shall be issued to any one who has not completed the full course of 
study as above set forth. Upon the recommendation of the President 
of the University, the Board of Eegents shall issue to those who worthily 
complete the full four years' course of study prescribed in the Nevada 
State Normal School, a department of the State University, a diploma 
of graduation, and said diploma shall bear the heading, '"The Nevada 
State Normal School," [and to all persons receiving this diploma, the 
State Board of Education shall issue a state high-school certificate of 
the first grade, good for five years. To the holders of the above state 
high-school certificates of the first grade, the State Board of Education 
shall grant a life diploma when said graduates of the Nevada State 
Normal School shall have completed at least five years of successful 
instruction in the public schools of Nevada, or of any other State.] 
Upon the recommendation of the President of the University, the Board 
of Regents shall issue to those who worthily complete the three years' 
course of study prescribed in the Nevada State Normal School, a 
grammar-grade diploma of graduation, and said diploma shall bear the 
heading, "Nevada State Normal School Grammar-Grade Diploma," 
[and to all persons receiving this grammar- grade diploma, the State 
Board of Education shall grant a grammar-grade state certificate good 
for five years.] The Board of Regents may require said Normal School 
graduates, before granting the diplomas herein provided for, to sign 
the following obligation : "I hereby agree to report to the President of 
the University, by letter, at least twice a year for three years after my 
graduation, and once a year thereafter, so long as I continue in the 
profession of teaching, and when I shall leave the profession I will 
report the fact to him, with the cause therefor. A failure to make such 
reports may be considered sufficient cause for the revocation of my 
diploma." And further it is hereby expressly provided that the grad- 
uates of the Nevada State Normal School for the year 1895 shall receive 
their diplomas and state certificates according to the Act of March 19, 
1891, hereby amended. Upon the recommendation of the President of 
the University, the Board of Regents shall issue to those who worthily 
complete the full course of study in any other department of the Uni- 
versity, not equivalent to a regular University course, a diploma of 
graduation, but said diploma shall bear the name of the department 
from which it is issued, and in no case to bear the heading of the reg- 
ular University diploma. As amended, Stats. 1895, p. 89. 

[Portions in brackets, superseded by Statutes of 1907. See Chapter 
II, Section 22.] 

Duty of President of University. 

Sec. 8. It shall be the duty of the President of the University to 
instruct in the University, and, under the direction of the Board of 
Regents, to manage all matters connected with the institution, to employ 
assistant teachers and servants, purchase supplies, and make monthly 
statements to the Board of Regents of all receipts and expenditures, 
supported by vouchers. 



' SCHOOL LAWS OF NEVADA. 87 

No Discrimination. 

Sec. 9. There shall be no discrimination in the admission of pupils 
on account of sex, race, or color ; but no person shall be admitted who 
is not of good moral character, and who has not arrived at the age of 
fifteen years, and passed such an examination as shall be prescribed by 
the Board of Regents, and no person under said age shall hereafter be 
taught in said institution. 

Sec. 10. Tuition shall be free. 

Sec. 11. The State Superintendent of Public Instruction must visit 
the University at least every three months, inquire into its condition 
and management and report to the Board of Regents quarter-j^early 
the condition of the institution, with such suggestions as he may deem 
proper. 

Duties of Board of Examiners. 

Sec. 12. All expenses incurred, of every name and nature, involving 
the payment of money by or under the direction of the Board of 
Regents of the University, shall be passed upon by the Board of Exam- 
iners as other accounts against the State, and be paid out of the moneys 
appropriated for the University. 

Sec. 13. [Repealing certain laws and sections of laws regarding the 
University. See Statutes of 1887, p. 45.] 



ORES TO BE ANALYZED AT UNIVERSITY. 



Chap. XXX — An Act supplemental to an Act entitled ''An Act relat- 
ing to the State University, and matters properly connected there- 
with," approved February 7 , 1887. 

Approved March 16, 1895, p. 76. 

Relating to Chemical Analysis at State University. 

Section 1. It shall be the duty of the President of the State Uni- 
versity, in addition to his other duties as fixed by law, to cause to be 
analyzed by an assistant, teacher, or teachers employed at the State 
University, any ores, mineral, soil, or water taken from within the 
boundaries of the State of Nevada, and sent by any citizen of said State 
for that purpose. Any citizen of the State may send any such sub- 
stances and have the same analyzed free of charge, and the result of the 
same returned to him by mail with as near as possible an explanation 
of their uses and value in market, and there shall be kept at the State 
University a book of record open for inspection, under such rules as 
may be made by the Regents, of all mineral, ores, or other matters so 
sent, with the history of such mineral or other matters, stating the 
name of the person or persons from whom received, the district and 
county from which it came, and all other matters that may be beneficial 
touching the same. A duplicate of the sample analyzed, as far as prac- 
ticable, shall be kept at the University, properly labeled, so as to cor- 
respond to the record, and properly preserved. 



0» SCHOOL LAWS OF NEVADA. 

Relating to Analysis in Duplicate. 

Sec. 2. If the same kind of matter for analysis is sent from the 
same place it shall not be necessary to analyze the same, but a duplicate 
of the analysis shall be sent by mail to the person desiring the same. 

Sec. 3. Samples for analysis shall be analyzed in the order received. 

Assays for Gold and Silver. 

Sec. 4. Sample assays for gold or silver shall be made, and when 
the value per ton exceeds five dollars in gold, the returns shall state the 
fact thus, "Test for gold." And when the value per ton exceeds five 
dollars in silver the returns shall state the fact thus, ' ' Test for silver. ' ' 
As amended, Stats. 1897, p. 91. 



HONORARY BOARD OF VISITORS. 



Chap. XXXI — A71 Act creating the Honorary Board of Visitors of the 
Nevada State University, and other matters relating thereto. 

Approved March 11, 1895, p. 40. 

Board Created — Term of Office. 

Section 1. There is hereby created a board to be known as the 
Honorary Board of Visitors of the Nevada State University. Said 
board shall consist of fifteen members. The Chief Justice of the 
Supreme Court shall be ex ofiicio a member and the chairman of said 
board. In the absence of said Chief Justice the members of the board 
may elect one of their number to act as temporary chairman. The term 
of office of the members of said board shall be two years from the date 
of their appointment and until their successors are appointed. 

Who Shall Act. 

Sec. 2. The Governor shall appoint and commission, within forty 
days after the passage of this Act, from each county, one suitable and 
discreet person who is interested in higher education and who is an 
actual resident of said county as a member of said board. 

Duties of Board. 

Sec. 3. It shall be the duty of said Board of Visitors to meet annu- 
ally at the seat of the Nevada State University during commencement 
week, and inspect the grounds, buildings, and equipment of said Uni- 
versity, and also to inquire into the actual state of the discipline, 
instruction, police administration, and other affairs or concerns of the 
University. The Board of Visitors shall report thereon to the Governor 
within thirty days after each annual meeting, for the information of 
the people of the State and of the next succeeding Legislature of the 
State, their action as such visitors, with their views and recommenda- 
tions concerning the University, such as they shall deem wise and just 
and for the best interests of the University. 

Notice to Board. 

Sec. 4. The President of the University shall cause at least thirty 



SCHOOL LAWS OF NEVADA. 89 

days' notice to be given to the members of the Honorary Board of Vis- 
itors of the time and place of their annual meeting. 

No Compensation. 

Sec. 5. No compensation shall be made to the members of said 
Board of Visitors for their services or for their traveling expenses, but 
the Board of Regents shall pay out of the University Contingent Fund 
their expenses for board and lodging while at the University. 



VIRGINIA CITY SCHOOL OF MINES. 



Chap. XXXII — An Act creating a iSchool of Mines, to he located at 
Virginia Oity, State of Nevada. 

Approved March 20, 1903, p. 211. 

Section 1. There is hereby created a School of ]Mines, to be known 
as the Virginia City School of Mines, to be located at Virginia City, 
Storey County, Nevada, and to be under the direction and control of 
the State Board of Education. 



EDUCATION OF THE DEAF AND DmiB, AND THE BLIND. 



Chap. XXXIII — An Act to provide for the education of the deaf and 
dumb, and the hlind of the State of Nevada. 

Approved March 2, 1869, p. 103. 

Section 1. The Superintendent of Public Instruction is authorized 
to make arrangements with the directors of any institutions for the 
deaf and dumb and the blind in the State of California, or in the State 
of Utah, for the admission, support, education, and care of the deaf and 
dumb and the blind of this State, and for that purpose is hereby 
empowered to make all needful contracts and agreements to carry out 
the provisions of this Act. As amended, Stats. 1907, p. 371. 

Application, How Made — Superintendent of Public Instruction to Issue 
Certificate. 
Sec. 2. Upon application under oath of a parent, relative, guardian 
or nearest friend of any deaf, dumb or blind person, resident of this 
State, setting forth that by reason of deafness, dumbness, or blindness, 
such person is disqualified from being taught by the ordinary process 
of instruction or education, and that such parent, relative, guardian or 
nearest friend is unable to pay for his or her support, education and 
instruction in the aforesaid institutions, and file the same with the 
Board of County Commissioners of the proper county, and such board 
shall be satisfied of the truth thereof, and such board shall have made 
application to the Superintendent of Public Instruction for that pur- 
pose, it shall be the duty of the Superintendent of Public Instruction to 
issue a certificate to that effect, which certificate being produced shall 



90 SCHOOL LAWS OF NEVADA. 

be the authority of the directors of any of the institutions aforesaid for 
receiving such deaf and dumb, or blind, person. As amended, Stats. 
1907, p. 371. 

Sec. 3. [Obsolete.] 

Persons Entitled to Benefit of This Act — Adidts Must Be Residents for 
Five Years. 
Sec. 4. All deaf and dumb or blind persons that are not mentally 
or physically incapacitated to receive an education or instruction, that 
are free from offensive or contagious diseases, and are unable to pay 
for their support, education, and instruction in the aforesaid institu- 
tions, and whose parent, relative, guardian, or nearest friend is unable 
to pay for his or her support, education, and instruction in any of the 
aforesaid institutions, shall be entitled to the benefits intended by this 
Act, and it is hereby made the duty of the Board of County Commis- 
sioners of such county to make provisions, at the expense of the county, 
for carrying such person to the office of the Superintendent of Public 
Instruction, who shall make necessary arrangements for carrying the 
person to any of the institutions of instruction before mentioned, at the 
expense of the State, payable out of the fund provided by this Act. All 
deaf, dumb or blind persons over the age of twenty-one years seeking 
admission into the aforesaid institutions shall, before making applica- 
tion under this Act, have been actual bona fide residents of the State 
of Nevada for the period of five years preceding the date of making 
such application. As amended, Stats. 1907, p. 372. 



FEEE PUBLIC LIBRARIES. 



Chap. XXXIV — An Act to provide for free public libraries, and other 
matters relating thereto. 

Approved March 16, 1895, p. 79. 

Establishment of Free Public Libraries — Tax Levy — Library Fund. 

Section 1. Whenever in any county in the State of Nevada a peti- 
tion or petitions for the establishment of a free public library, certified 
by the District Judge of any Judicial District of the State of Nevada 
as being signed by a majority of the taxpayers or by taxpayers repre- 
senting a majority of the taxable property, as shown by the last pre- 
ceding assessment roll of any city, unincorporated town or school 
district shall be presented to the Board of County Commissioners of 
the county in which said city, unincorporated town or school district is 
situated, accompanied by affidavit of one or more of the signers thereof 
that the signatures thereto are genuine, the said Board of County Com- 
missioners shall within ten days after said petition or petitions are so 
presented levy a tax upon all taxable property of said city, unincorpo- 
rated town, or school district of not less than five nor more than ten 
cents on each one hundred dollars valuation of taxable property therein 
for the purpose of creating a fund to be known as the ' ' Library Fund. ' ' 
And each year thereafter said Board of County Commissioners at the 



SCHOOL LAWS OP NEVADA. 91 

time and in the manner other taxes are levied shall levy a tax upon 
said property for said purpose of not more than ten cents on each one 
hundred dollars valuation thereof. As amended, Stats. 1907, p. 181. 

State Board of Education to Name Library Trustees— To Serve With- 
out Compensation. 
Sec. 2. The State Board of Education of Nevada, whenever notified 
that a petition has been presented as provided in section one of this 
Act, shall appoint three competent persons who are residents of such 
city, unincorporated town or school district, to be known as Library 
Trustees, who shall hold office for the period of one, two, and three 
years respectively, and said State Board of Education shall annually 
thereafter appoint one Library Trustee, who shall hold office for the 
period of three years, and all vacancies which may occur at any time 
in the said office of Library Trustee shall be filled by appointment by 
the said State Board of Education ; said trustees shall serve without 
compensation, and shall hold office until their successors are appointed 
and qualified. As amended, Stats. 1901, p. 38. 

Powers of Library Trustees. 

Sec. 3. Said Librarj^ Trustees shall have power to, and shall estab- 
lish and maintain, a library and reading- room, make purchases, secure 
rooms, employ assistants, appoint officers, establish bj^-laws and regu- 
lations, and manage and control the affairs and business of said library ; 
and they and their successors shall hold and possess the property and 
effects of said library and reading room in trust for the public and for 
the purpose of said library and reading room, and may, as said Library 
Trustees, and for the purpose hereinbefore provided, acquire and hold 
real estate and personal property, \)x purchase or bequest, and admin- 
ister any trust declared or created, for such library or reading room, 
and may prosecute, maintain or defend any action in reference to the 
property or affairs of said library and reading room. 

Manner of Paying Claims. 

Sec. 4. All claims for indebtedness incurred or created by said 
Library Trustees shall be audited by a majority of said Library Trus- 
tees, and presented to and acted upon by the Board of County Com- 
missioners, and paid out of said library fund in the same manner as 
claims against the county are presented, acted upon and paid. No 
indebtedness in excess of the amount of money to be realized in any 
year from said levy for said library fund, shall be incurred by said 
Library Trustees, or allowed by the Board of County Commissioners, 
and in no case shall any claim except for library and reading-room 
purposes be allowed or paid out of said library fund. 

Sec. 5. Said library and reading room shall forever be and remain 
free and accessible to the people of such city, unincorporated town or 
school district, subject to such reasonable rules and regulations as said 
Librarj^ Trustees may adopt. 



92 schootj laws of Nevada, 

EEVENUE. 



Chap. XXXV — An Act to provide revenue for the support of the Gov- 
ernment of the State of Nevada, and to repeal certain Acts relating 
thereto. Approved March 23, 1891, p. 135. 

Section 1. [Superseded.] 

Sec. 2. The Board of County Commissioners of each county shall, 
on or before the first Monday of March of each year, fix the rate of 
county taxes for such year, designating the number of cents on each 
hundred dollars of property levied for each fund; and shall levy the 
state and county taxes upon the taxable property of the county. 

Sec. 3. Every tax levied under the provisions or authority of this 
Act is hereby made a lien against the property assessed, and a lien shall 
attach upon the real property for the tax levied upon the personal 
property of the owner of such real estate, which lien shall attach upon 
the day on which the taxes are levied in each year, on all property then 
in this State, and on all other property whenever it reaches the State, 
and shall not be satisfied or removed until all the taxes are paid, or the 
property has absolutely vested in the purchaser under a sale for taxes. 

Sec. 4. All special taxes levied for city, town, school, road, or other 
purposes throughout the different counties of this State shall be a lien 
on the property so assessed, and shall be assessed and collected by the 
same officers, at the same time, and in the same manner as the state and 
county taxes are now or may hereafter be assessed and collected. 

Sec. 5. All property of every kind and nature whatsoever within 
this State, shall be subject to taxation except : 

First — All lands and other property owned by the State, or by the 
United States, or by any county, municipal corporation, town, or village 
in this State, and all public schoolhouses, with lots appurtenant thereto, 
owned by any legally created school district within the State ; provided, 
that when any of the property mentioned in this subdivision is used for 
any other than public purposes, and a rent or valuable consideration is 
received for its use, the same shall be taxed. As amended. Stats. 1909, 
p. 125. 

[Parts second to sixth, inclusive, do not refer to schools.] 

[Sec. 2.] All Acts or parts of Acts in conflict herewith are hereby 
repealed. Stats. 1909, p. 126. 

[Sections 6 to 154, inclusive, relate in general to taxes.] 



STATE LIBRARY FUND TRANSFERRED TO GENERAL 
STATE SCHOOL FUND. 



Chap. XXXVI — An Act to amend an Act entitled "An Act in relation 
to the State Library," approved February 14, 1865. 

Approved March 29, 1907, p. 372. 

Section 1. Section seven of the above-named Act is hereby amended 
to read as follows : 



SCHOOL LAWS OF NEVADA. 93 

Section 7. Each and every officer of this State, civil and military, 
except Commissioners of Deeds and Notaries Public, shall, at the time 
of the issuance of his commission, and before entering upon the duties 
of his office, pay to the Secretary of State the sum of five dollars, which, 
with all fees of whatever character, by the laws now in force, or which 
may hereafter be provided to be charged and collected in the office of 
the Secretary of State, shall constitute a portion of the Library Fund ; 
and the Secretary of State shall exhibit an account of, under oath, and 
pay to the State Treasurer, at the end of each quarter, dating from the 
first day of January, all moneys collected under this Act, and the same, 
together with such revenues as are hereinafter provided, shall be 
reserved, set apart, and appropriated, as a State Library Fund. On the 
thirty-first day of December, nineteen hundred and seven, and annually 
thereafter, the State Treasurer shall take from the said Library Fund 
all moneys in excess of the sum of five thousand dollars, if there be any 
surplus, and transfer one-half of such moneys to the General Fund of 
the State Treasury, and the other half to the General State School Fund 
of the State Treasury. 



COUNTY SCHOOL FUND TO RECEIVE FEES FOR GRAZING. 



Chap. XXXVII — An Act providing that ten per cent of proceeds from 
fees which issue to the counties from national forest reserves he 
paid into the county school fund of the county in which such fees 
may be collected. 

Approved March 29, 1907, p. 415. 

Whereas, The President of the United States has been authorized 
to establish, from time to time, forest reserves in the several States, and 
legislation is now pending which will grant him further authority to 
establish grazing districts upon the vacant public lands of the United 
States; and 

Whereas, Certain fixed charges will be made for the grazing of live 
stock upon said lands, ten per cent of such fees to be paid into the 
treasury of the county in which such fees may be collected, now, there- 
fore, 

The People of the State of Nevada, represented in Senate and Assembly, 

do enact as follows: 

Section 1. That the proceeds from such fees which may be paid 
into the treasury of the several counties of the State shall be paid into 
the county school fund of such counties, and shall be apportioned at the 
same time and in the same manner as other countv school funds. 



94 SCHOOL LxiWS OF NEVADA. 

STATE TAX LEVY. 



Chap. XXXVIII- — An Act to fix the state tax levy, and to distribute 
the same in the proper funds. 

Approved March 20, 1909, p. 141. 

Section 1. For the fiscal year commencing January first, nineteen 
hundred and nine, and annually thereafter, an ad valorem tax of sixty 
cents on each one hundred dollars of taxable property is hereby levied 
and directed to be collected for state purposes, upon all taxable prop- 
erty in the State, including net proceeds of mines and mining claims, 
except such property as is by law exempted from taxation. Of the tax 
hereby levied thirty-six and six-tenths cents shall go into the General 
Fund of the State ; three cents shall go into the Territorial Interest 
Fund ; five cents shall go into the State Interest and Sinking Fund ; six 
cents shall go into the General School Fund ; one-tenth of one cent shall 
go into the Contingent University Fund, 1905, No. 1 ; three-tenths of one 
cent shall go into the Contingent University Fund, 1905, No. 2 ; five 
cents shall go into the Contingent University Fund ; and one cent shall 
go into the State Orphans ' Home Interest and Sinking Fund, and three 
cents shall go into the Nevada State Prison Interest and Sinking Fund. 



GENERAL APPROPRIATIONS. 



Chap. XXXIX — An Act making appropriations for the support of the 
Civil Government of the State of Nevada for the fiscal years 1909 
and 1910. 

Approved March 22, 1909, p. 162. 

Section 1. The following sums of money are hereby appropriated 
for the purpose hereinafter expressed, and for the support of the Gov- 
ernment of the State of Nevada, for the years 1909 and 1910 : 

[Only those parts relating to schools are given.] 

Sec. 21. For salary of the Surveyor-General and Land Register, 
four thousand eight hundred dollars ($4,800), payable out of the State 
School Fund. 

Sec. 25. For salary of clerks in the State Land Office for years 1909 
and 1910 and for transcribing records, four thousand dollars ($4,000), 
payable out of the State School Fund. 

Sec. 26. For the purchase of township plats from the United States 
Surveyor-General's office, providing that the price per plat shall not 
exceed six dollars, three hundred dollars ($300), payable out of the 
State School Fund. 

Sec. 27. For salary of State Superintendent of Public Instruction 
and ex officio Curator of State Museum, four thousand dollars ($4,000), 
payable out of the General School Fund. 

Sec. 29. For traveling expenses of the State Superintendent of 
Public Instruction, eight hundred dollars ($800), payable out of the 
General School Fund. 



SCHOOL LAWS OF NEVADA. 95 

Sec. 30. For expenses for Teachers' Institute for 1909 and 1910 
(one State Institute and five District Institutes), seven hundred and 
fifty dollars ($750). 

Sec. 58. Tuition and support for the deaf and dumb and blind, 
seven thousand dollars ($7,000). 

Sec. 76. For support of Virginia Citv School of Mines for the years 
1909 and 1910, thirty-six hundred dollars ($3,600). 

Sec. 90. For conducting the teachers' examinations and grading 
the papers, and payment of incidental expenses, eighteen hundred dol- 
lars ($1,800). 

FISH AND GAME LAWS TO BE TAUGHT IN THE 
PUBLIC SCHOOLS. 



Chap. XL — An Act to provide for the dissemination of knowledge in 
the public schools relative to the preservation of song-birds, fish, 
and game. Approved March 12, 1901, p. 56. 

Duties of Teachers— Children to be Instructed Relative to Preservation 
of Birds, Fish, and Game. 
Section 1. It is hereby made the dutj^ of each and every teacher 
in the public schools of this State to give oral instruction, at least once 
a month, to all children attending such schools, relative to the preserva- 
tion of song-birds, fish, and game; and to read or cause to be read to 
such children, at least twice during each school year, the fish and game 
laws of the State of Nevada. 

Teachers to Comply With Provisions of This Act. 

Sec. 2. No teacher shall be entitled to receive any portion of the 
public school moneys as compensation for services, unless such teacher 
shall have complied with the provisions of this Act.. 

In Effect. 

Sec. 3. This Act shall take effect and be in force from and after its 
passage. 



APPENDIX 



FISH AND GAME LAWS. 



An Act to prevent pollution or contaminatio7i of the waters of the lakes, 
rivers, streams, and ditches in the State of Nevada. 

Section 1. Any person or persons, firm, company, corporation, or 
association in this State, or the managing agent of any person or per- 
sons, firm, company, corporation, or association in this State, or any 
duly elected, appointed, or lawfully created state officer of this State, or 
any duly elected, appointed, or lawfully created officer of any county, 
city, town, municipality, or municipal government in this State, who 
shall deposit or who shall permit or allow any person or persons in their 
employ or under their control, management, or direction to deposit in 
any of the waters of the lakes, rivers, streams, and ditches in this State 
any sawdust, rubbish, filth, or poisonous, or deleterious substance or 
substances, liable to affect the health of persons, fish, or live stock, or 
place or deposit any such deleterious substance or substances in any 
place where the same may be washed or infiltered into any of the waters 
herein named, shall be guilty of a misdemeanor, and upon conviction 
thereof in any court of competent jurisdiction shall be fined in any sum 
not less than sixty dollars nor more than five hundred dollars, exclusive 
of court costs ; provided, that in cases of state institutions, municipali- 
ties, towns, incorporated towns or cities, when, owing to the magnitude 
of the work, immediate correction of the evil is impracticable, then in 
such eases the authorities shall adopt all new work, and as rapidly as 
possible reconstruct the old systems of drainage sewerage so as to con- 
form with the provisions of this Act; and provided further, that all 
such new and reconstructed systems shall be completed before March 
20, 1913 ; provided, that nothing in this Act shall be so construed as to 
prevent mining or milling companies to dump tailings directly into any 
stream in this State so as to prevent or impede the natural flow of such 
stream. Nothing in this Act shall be so construed as to apply to any 
quartz mill or ore reduction works in this State. Stats. 1909, p. 306. 

Sec. 2. For the purposes of this Act the word ' ' ditch ' ' shall be con- 
strued to mean any ditch, canal, channel, or artificial water-way, used 
for carrjdng or conveying water into any reservoir from which it may 
be used or distributed or any distributing ditch, canal, channel, or arti- 
ficial w^ater-way carrying or conveying water for domestic or irrigation 
purposes, to any persons or premises in this State, or to any persons or 
premises in any county, city, town, or municipalitv in this State. Stats. 
1909. p. 2i7. 

An Act to provide for the appointment of a Board of Fish Commis- 
sioners and to define their duties. 

Approved March 16, 1905., p. 264. 

Section 1. The Governor of this State is hereby authorized and 
empowered to appoint three suitable persons to be styled "Fish Com- 
missioners." whose dutv shall be to establish fish hatcheries, in locali- 



100 SCHOOL LAWS OF NEVADA. 

ties suitable to their hatching, upon such of the waters of this State as, 
in their judgment, shall be most available for the purpose of stocking 
and supplying the streams and lakes of this State with both foreign and 
native fish ; and for such purpose, may take the ova or spawn from fish 
now inhabiting the waters of the State ; and may purchase and import 
from other States and countries spawn or ova of valuable fish, suitable 
for food, and may introduce the same, when obtained, into such rivers, 
streams, and lakes as they may deem suited to the habits and successful 
culture of such fish. They may also employ persons who are skillful 
and expert in the science of fish breeding, and may superintend and 
direct the construction of fish-ways and fish-ladders that may be built 
in the streams and waters of this State. The Commissioners may, in 
their discretion, distribute the ova or spawn to be procured by them to 
such person or persons as have proper lakes, ponds, or streams for the 
propagation and breeding of fish, and who will, without expense to the 
State, take charge of such breeding and propagation. 

Sec. 2. Such Commissioners shall hold their respective offices for 
the term of four years, unless some other persons shall be appointed to 
fill the vacancy occasioned by death, resignation, or inability to attend 
to the duties required. The Commissioners authorized to be appointed 
by this Act shall receive no compensation for their services. The neces- 
sary expenses incidental to procuring and distributing the ova or spawn 
or fish, in the employment of fish-breeders, and in carrying out the pro- 
visions of this Act, shall be paid from any moneys that may be appro- 
priated by the Legislature, upon accounts or vouchers to be approved 
by the State Board of Examiners. The Commissioners shall report 
biennially to the Governor an account of their transactions under this 
Act, and make an exhibit of their expenditure of money under its pro- 
visions. 



An Act to provide for the preservation of fish in the ivaters of this 
State, and matters properly relating thereto. 

Approved March 14, 1903, p. 114. 

Section 1. Every person who places or allows to pass, or who places 
where it can pass or fall into or upon any of the waters of this State at 
any time, any lime, gas, tar, coculus indicus, slag, acids, or other chem- 
ical, sawdust, shavings, slabs, edgings, mill or factory refuse, or any 
substance deleterious to fish, shall be deemed guilty of a misdemeanor, 
and is punishable by a fine not less than two hundred and fifty nor more 
than five hundred dollars, or by imprisonment in the county jail in the 
county in which the conviction shall be had, for not less than one hun- 
dred and twenty -five or two hundred and fifty days ; provided, that the 
provisions of this section shall not apply to mills or works for the 
reduction of ores, nor against the owners or operators of such mills or 
works so far as concerns the operator of such mills or works. 

Sec. 2. All persons, firms, companies, associations, or corporations, 
who have erected, or who may hereafter erect, any dams, water weirs or 
other obstructions to the free passage of fish in the rivers, streams, lakes 
or other waters of the State of Nevada, shall construct and keep in 



SCHOOL LAWS OF NEVADA. 101 

repair fish-ways or fish-ladders at all such dams, water weirs, or other 
obstruction ; so that at all seasons of the year, fish may ascend above 
such dams, water weirs, or other obstructions, to deposit their spawn. 
Any person or persons, firm, company, association, or corporation fail- 
ing to complj^ with the provisions of this section after having been noti- 
fied and required so to do by the proper authority, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof, shall be punished 
by a fine of not less than fifty nor more than five hundred dollars, or by 
imprisonment in the county jail for not less than twenty-five days nor 
more than one hundred and fifty days. 

Sec. 3. It shall be unlawful for any person or persons to take, catch, 
or kill any river, lake or brook trout, or land-locked salmon, white fish, 
or wide-mouthed bass in any of the streams, lakes, rivers, or other 
waters within this State between the fifteenth day of September and the 
thirtieth day of ]\Iarch of the succeeding year. As amended, Stats. 
1909, p. 215. 

Sec. 4. It shall be unlawful for any person or persons to have in his 
or her possession or to buy or sell, or offer or expose for sale, any river, 
lake or brook trout or land-locked salmon, white fish or wide-mouthed 
bass taken, caught, or killed in any river, lake, streams or other waters 
within this State between the fifteenth day of September and the thir- 
tieth day of March of the year next succeeding. As amended, Stats. 
1909, p. 215. 

Sec. 5. Every cold-storage company or person keeping a cold-storage 
warehouse, tavern or hotel keeper, restaurant or eating-house keeper, 
market men or other person who shall sell or expose or offer for sale, or 
give away or have in his or their possession, any river, lake or brook 
trout or land-locked salmon, white fish or wide-mouthed bass between 
the fifteenth day of September and the thirtieth day of ■March of the 
year next succeeding, shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be punished as provided in section eleven 
of this Act. As amended. Stats. 1909, p. 215. 

Sec. 6. It shall be unlawful for any common carrier, express com- 
pany, or any other corporation or person to ship or transport, or receive 
for shipment or transportation any river, lake or brook trout or land- 
locked salmon, white fish or wide-mouthed bass, taken, caught or killed 
in any stream, lake, river, or other waters of this State, between the 
fifteenth day of September and the thirtieth day of March of the next 
succeeding year. As amended, Stats. 1909, p. 215. 

Sec. 7. Any person or persons who buj's, sells or offers or exposes 
for sale any specie of trout less than six inches long within this State, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be punished as provided in section eleven of this Act. 

Sec. 8. It shall be unlawful for any person or persons in the State 
of Nevada at any time to take, catch, or kill any river, lake or brook 
trout, or land-locked salmon, Avhite fish or wide-mouthed bass, in anj^ of 
the rivers, streams, lakes, or other waters within this State with any 
seine, net, spear or grab-hook, or by means of any set line, set hooks, 
gill net, weir fence, basket, trap, giant powder, or any explosive com- 
pound, or with or by means of any other implement or substance, or in 
any manner except by hook and line; provided, that nothing in this 



102 SCHOOL LAWS OF NEVADA. 

section shall be so construed as to prohibit the Fish Commissioners of 
this State from taking at all times such fish as are deemed necessary for 
the purpose of artificial hatching. 

Sec. 9. It shall be unlawful for any person or persons to take any 
spawn or ova from any variety of trout or from any rivers, streams, or 
lakes, or other waters in the State of Nevada, without having first 
obtained a written permit so to do from the State Board of Fish Com- 
missioners of the State of Nevada. If there be no State Fish Commis- 
sioners the County Commissioners of the county where spawn is to be 
taken may grant such permission, in consideration and upon agreement, 
however, with the parties so taking said spawn that not less than ten 
per cent of all spawn or eggs so collected shall be hatched and said ten 
per cent shall be planted in the waters from which the eggs were taken 
and within said county. 

Sec. 10. Any person or persons who shall at any time wilfully or 
knowingly destroy, injure, or obstruct any fish-way or fish-ladder, or 
any person or persons who shall at any time take or catch any fish in 
any manner within one hundred feet of any dam containing a fish-way 
or fish-ladder, which is required by law, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof shall be punished as pro- 
vided in section eleven of this Act. Nothing in this section shall be so 
construed as to prohibit the taking of fish for spawning or transplant- 
ing purposes by the State Board of Fish Commissioners or other author- 
ized persons. 

Sec. 11. Any person or persons violating the provisions of sections 
three, four, five, six, seven, eight, nine, or ten of this Act shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine of not less than twenty nor more than one hundred 
dollars or by imprisonment in the county jail for not less than ten nor 
more than fifty days, or by both such fine and imprisonment. 

Sec. 12. It shall be unlawful for any person or persons, companj^, 
association, or corporation, to at any time transport or offer for trans- 
portation to any place outside of this State any lake, river or brook 
trout or land-locked salmon, which are intended to be offered for sale ; 
and any person who shall so transport or offer for transportation any 
lake, river or brook trout or land-locked salmon, white fish or wide- 
mouthed bass which are thereafter offered for sale or sold at any place 
outside of this State, or are offered for sale after being transported 
outside of this State, shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be punished by a fine of not less than fifty nor 
more than five hundred dollars, or by imprisonment in the county jail 
for not less than twenty -five nor more than two hundred and fifty days, 
or by both such fine and imprisonment. 

[A catch of trout or black bass not to exceed twenty fish in any one 
day by any one person. Night fishing or night hunting prohibited. 
Fishing season from March 30th to September 15th. See Stats. 1909. 
p. 215.] 



SCHOOL LAWS OF NEVADA. 103 

An Act giving authority to the Boards of County Commissioners of the 
several counties of this State to extend the closed season for fishing 
in streams and waters of a certain class, and providing for the 
enforcement of the same. 

Approved March 16, 1905, p. 192. 

Section 1. The Board of County Commissioners of the several 
eounties of this State, each within its own countj^, are hereby author- 
ized to extend the closed season for fishing in streams and waters within 
their county which now are, or hereafter shall have been, stocked with 
food fishes by others than the State or its Fish Commissioner, or author- 
ized agent, to such periods as may in their opinion be required for the 
protection of the fish in said stream and waters, to the end that the 
supply of fish for food maj^ be permanently increased. 

Sec. 2. This Act shall be made effective by an order of the Board 
of County Commissioners published in a newspaper within the county, 
which order shall name the stream or streams and waters within the 
county in which the catching of fish is to be restricted, and shall state 
the period over which the closed season is to extend ; provided, that no 
such order shall be effective without such publication for the period of 
at least one month before the date upon which the order is to take 
effect; and further provided, that no such publication shall be made at 
an expense to the count}^ of more than three dollars. 

Sec. 3. Any person who shall ^^olate the provisions of said order of 
the Board of County Conmiissioners shall be guilty of a misdemeanor, 
and shall be fined not to exceed thirty dollars, or imprisoned in the 
county jail not to exceed fifteen days, or by both such fine and impris- 
onment, in the discretion of the court, for each offense. 



An Act to provide for the protection and preservation of wild game, 
and to repeal all other Acts in conflict therewith. 

Approved March 16. 1903, p. 199. 

[Sections 1 to 6, inclusive, repealed by Act of March 24, 1909.] 

Sec. 7. It shall be unlawful in this State for any person or persons 
to use at any time a shotgun of larger caliber than that commonly 
known and designated as a number ten gage. 

[Sections 8 and 9 repealed, 1909.] 

Sec. 10. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, at any and all times of the year to 
hunt, chase, pursue, run, catch, or kill any deer or antelope, caribou, 
elk, mountain sheep, or mountain goat, with or by the use of or aid of 
any hound or hounds. 

[Sections 11, 12, and 13 repealed, 1909.] 

Sec. 14. Should it be deemed advisable by any Board of County 
Commissioners for any countj' within this State to lengthen or extend 
the time of the close season for any specie of game mentioned in this 
Act, the said Board of County Commissioners acting for their respect- 
ive county may by special ordinance extend such close season ; provided, 
however, that in no event shall the County Commissioners or any other 



104 SCHOOL LAWS OF NEVADA. 

organization of men within this State extend the open season or shorten 
the close season for any specie of game whatsoever ; provided, however, 
the County Commissioners of any county in the State acting under the 
provisions of this Act may change the open season for sagehen or for 
deer and antelope to an earlier or later date as the necessities of their 
respective county for the preservation of the above-mentioned game 
may demand; the length of time during which said game shall be pro- 
tected shall in all cases remain the same as provided for in this Act. 
Nothing in this Act shall be so construed as to prohibit any person 
(upon a written permit of the Governor of the State) from taking or 
killing any bird or fowl, or collecting the nest and eggs of the same, 
for strictly scientific purposes. 



An Act providing for tlie protection and preservation of game, and 
repealing all Acts and parts of Acts in conflict therewith. 

Approved March 24, 1909, p. 213. 

Section 1. It shall be unlawful for any person or persons, firm, 
company, corporation, or association, to kill, catch, destroy, wound, 
snare, trap, injure, or pursue with attempt to kill, capture, or destroy, 
any bluebird, thrush, mocking-bird, oriole, humming-bird, meadow lark, 
robin, or any other insectivorous, plume, or song-birds within this State. 

Sec. 2. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, to tal^e, kill, wound, trap, net, weir, 
destroy, injure, or pursue with attempt to take, kill, injure, or destroy 
any pheasant, bob-white quail, partridge, or any other variety of 
imported game birds within this State. 

Sec. 3. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, after the first day of October and 
before the fifteenth day of July of each and every year, to kill, catch, 
trap, cage, weir, destroy, injure, or pursue with attempt to kill, catch, 
capture, injure, or destroy any sagecock or sagehen within this State. 

Sec. 4. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, to kill, catch, destroy, injure, snare, 
weir, wound, or pursue with attempt to take, kill, injure, or destroy any 
grouse or mountain quail after the first day of January and before the 
first day of October of each year, within this State. 

Sec. 5. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, at any time after March 15th, and 
before September 15th, of each and every year, to kill, catch, net, cage, 
pound, weir, trap, or pursue with attempt to catch, capture, injure, or 
destroy, any wild duck, sandhill crane, plover, curlew, snipe, woodcock, 
swan, or wild goose within this State. 

Sec. 6. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, at any time after the fifteenth day of 
January, and before the fifteenth day of October, of each and every 
year, to kill, catch, trap, cage, net, weir, pound, destroy, or pursue with 
attempt to catch, capture, injure, or destroy, any valley quail within 
this State. 

Sec. 7. It shall be unlawful at any and all times of the year for any 



SCHOOL LAWS OF NEVADA. 105 

person or persons, firm, company, corporation, or association, to dis- 
turb or destroy the nest of, or to take or remove from any nest of any 
wild fowl or game bird mentioned in this Act, anj^ egg or eggs of such 
wild fowl or game bird, or to have in their possession, or to sell or to 
offer for sale or exchange, except for scientific purposes, or for the pur- 
pose of propagation, any such eggs or nests, within this State. 

Sec. 8. Nothing in this Act shall be construed to prohibit any per- 
son from selling game killed by himself, but it shall be unlawful for 
any person or persons, firm, company, corporation, or association, to 
purchase such game for the purpose of barter or sale, and it shall also 
be unlawful for any person to kill or have in his possession a greater 
number than twenty ducks, fifteen mountain quail, ten sagebirds, six 
grouse, fifteen valley quail, five plover, ten geese, three swan, or fifteen 
snipe in any one day, within this State. 

Sec. 9. The open season for deer and antelope in this State shall be 
from September 15th, and until October 15th, of each and every year, 
and during that time it shall be unlawful for any person or persons, 
firm, company, corporation, or association, within this State, to kill, 
catch, trap, wound, or pursue with an attempt to catch, capture, injure, 
or destroy, any number of deer or antelope exceeding two for any one 
open season or year. It shall be unlawful to kill, catch, trap, wound, or 
pursue with attempt to catch, injure, kill, or destroy, any antelope or 
any spotted fawn at any time. 

Sec. 10. It shall be unlawful in this State for any person or per- 
sons to have in their possession any deer or antelope from and after 
November 1st of each year and until September 15th of the year next 
succeeding, and it shall be unlawful for any person or persons to sell 
or offer for sale or to trade or barter or offer to trade or barter any 
number of deer or antelope in excess of two during the time interven- 
ing between the fifteenth day of September and the first day of Novem- 
ber of any year. 

Sec. 11. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, to have in his or their possession, or 
to sell, buy, transport, or give away, or offer or expose for sale, or pur- 
chase from any person, whomsoever, either Indian or other person, any 
of the birds, animals, or wild game mentioned in this Act during the 
season wherein the killing, injuring, pursuing, trapping, pounding, weir- 
ing, caging, selling, buying, transporting, gi\ang away, offering or 
exposing for sale, or having in his or their possession is herein prohib- 
ited; provided, hoivever, that nothing in this Act shall be construed as 
to prohibit any resident person or persons, firm, company, corporation, 
or association from taking (upon a written permit from the State Board 
of Fish and Game Commissioners) any bird, animal, or fowl or the 
nest or eggs of any bird or fowl for the purpose of propagation or 
domestication or for scientific purposes. 

Sec. 12. Catch of trout or black bass not to exceed twenty fish in 
any one day by any one person. Night fishing or night hunting pro- 
hibited. Fishing season, March 30th to September 15th. 

Sec. 13. Any person or persons, firm, company, corporation, or asso- 
ciation, or common carrier, violating any of the provisions of this Act 
shall be deemed guiltj^ of a misdemeanor, and upon conviction thereof 
s 



106 SCHOOL LAWS OF NEVADA. 

shall be fined in any sum not less than twenty-five dollars nor more than 
five hundred dollars, or imprisoned in the county jail in the county 
where the conviction is had for any term not exceeding six months, or 
by both such fine and imprisonment. It shall be no defense in the pros- 
ecution for the violation of any of the provisions of this Act, that the 
animals or birds were taken or killed outside of the State of Nevada; 
nor shall it be any defense in the prosecution for the violation of any of 
the provisions of this Act that the animals or birds were taken or killed 
by one other than he in whose possession said animals or birds were 
found; nor shall it be any defense in the prosecution for the violation 
of any of the provisions of this Act that the person did not know that 
hunting was not allowed uppn the premises on which he was trespassing. 

Sec. 14. It shall be the duty of the Board of County Commissioners 
of any county within this State, when petitioned by fifty taxpayers 
within their county, for the protection of any variety of birds, fowls, or 
animals, to draw and pass an ordinance protecting said birds, fowls, 
or animals for the length of time as prayed for in the petition and to 
fix a penalty for the violation of said ordinance ; said penalty to be in 
conformity with section thirteen of this Act. When said ordinance is 
properly drawn and signed by the Chairman of the Board of County 
Commissioners it shall be published in some newspaper published in the 
county for the period of four issues, and thereafter it shall be in full 
force and effect. 

Sec. 15. All Acts and parts of Acts in conflict with this Act are 
hereby repealed. Every railroad company, express company, transpor- 
tation company, or other common carrier, their officers, agents and 
servants, and every other person who shall transport, carry, or take out 
of the State, or who shall receive for the purpose of transporting, or 
carrying from this State, any deer, buck, doe, or fawn, or any mountain 
sheep or antelope, or any quail, sage chicken, prairie chicken, grouse, 
wild ducks, or goose, or any other bird or animal mentioned in this Act, 
shall be guilty of a misdemeanor. 

Sec. 16. It shall be unlawful for any person or persons, firm, com- 
pany, corporation, or association, to catch, kill, destroy, trap, net, weir, 
or cage any beaver within this State before the first day of April, A. D. 
1920. Stats. 1909, p. 212. 

An Act to prevent the unlawful destruction of fish and game; to pro- 
vide for the appointment of Fish and Game Wardens in the several 
counties of this State, and to define their duties and compensation. 

Approved March 12, 1901, p. 57. 

Section 1. It is hereby made the duty of the several Boards of 
County Commissioners in this State, at their first regular meeting in 
April, nineteen hundred and one, and annually thereafter, upon the 
petition of twenty or more resident taxpayers, to appoint a Fish and 
Game Warden for their respective counties, who shall reside in the 
county for which he is appointed. Each warden so appointed, before 
entering upon the duties of his office, shall take his oath of office, and 
give an undertaking to the State of Nevada for the use of the respect- 
ive counties thereof, with two or more sureties, to be approved by the 



SCHOOL LAWS OF NEVADA. 107 

Board of County Commissioners conditioned for the faithful perform- 
ance of his duties, and in such sum as the County Commissioners of the 
several counties may deem sufficient for the faithful performance of the 
duties of his office and the enforcement of the requirements of this Act. 

Sec. 2. Said warden is hereby empowered, and it shall be his duty, 
to enforce the state laws and all county and municipal ordinances rela- 
tive to the protection of fish and game ; and he shall be vested with the 
power to make arrests for the violation of such laws and ordinances in 
any county in this State; to appoint a deputy or deputies who shall 
have power to transact all official business appertaining to said officer, 
to the same extent as their principal ; provided, that said warden shall 
be responsible for the compensation of such deputy or deputies, and 
shall be responsible on his official bond for all malfeasance or non- 
feasance of the same. Bonds for the faithful performance of the duties 
of his official deputy or deputies may be required of said deputy or 
deputies by said principal. 

Sec. 3. Said Fish and Game Warden shall report quarterly to the 
Board of County Commissioners of his county, giving a detailed state- 
ment of all arrests made, con\Tctions had, fines collected, and generally 
in regard to the management of his office. Such officers maj^ be removed 
by the Board of County Commissioners, for intemperance, neglect of 
duty, or other good and sufficient reasons. 

Sec. 4. The salary of Fish and Game Wardens shall be fixed by the 
County Commissioners of the various counties of this State out of the 
Fish and Game Preservation Fund; provided, that in case of a defi- 
ciency in the Fish and Game Preservation Fund, such deficiency shall 
be paid out of the general fund of the various county treasuries. The 
salary of said Fish and Game Wardens shall not be more than one hun- 
dred dollars, nor less than twenty dollars per month. Said warden shall 
be allowed a sum not to exceed twenty-five dollars per month for 
expenses incurred by him in the performance of his duties. As 
amended, Stats. 1909, p. 327. 



An Act for the preservation of a bird known as the American eagle, 
within the State of Nevada. 

Approved February 25, 1905, p. 41. 

Section 1. It shall be unlawful for any person or persons, firm, 
company, corporation, or association to kill, destroy, wound, trap, 
injure, keep in captivity, or in any other manner to catch or capture, or 
to pursue with such intent the bird known as the American eagle, 
within this State, or to take, injure, or destroy the nest or eggs of said 
before-mentioned bird. 

Sec. 2. Any person or persons, firm, company, corporation, or asso- 
ciation violating any of the provisions of this Act shall be deemed guilty 
of a misdemeanor, and upon conviction shall be fined in any sum not 
less than twenty-five dollars, nor more than two hundred dollars, or 
imprisonment in the county jail of the county in which said conviction 
is had for any term not exceeding six months, or by both such fine and 
imprisonment, and in addition to the costs now allowed by law on 



108 SCHOOL LAWS OF NEVADA. 

criminal prosecution, twenty-five dollars liquidated damages, shall be 
entered up as costs against such defendant, and collected in the manner 
now provided by law for the collection of costs in civil action, which 
said sum of twenty-five dollars shall be paid to the party instrumental 
in securing the arrest and conviction of said defendant. 

Sec. 3. It shall be the duty of the Sheriff and his deputies. Con- 
stable and his deputies. District Attorney and all other peace officers in 
this State, upon receiving information from any person that any pro- 
visions of this Act have been violated, to immediately institute proceed- 
ings in the proper court against the person or persons thus complained 
of, and prosecute the same with reasonable diligence to final judgment, 
and any peace officer refusing to make complaint or institute proceed- 
ings as herein provided, shall be guilty of a misdemeanor in office, and 
fined in any sum not exceeding twenty-five dollars. 



An Act to regulate and license the hunting of game birds and animals, 
and the taking or catching of fish, and to provide revenue there- 
from for game and fish preservation and protection, and to prescribe 
a penalty for the violation thereof, and to make an appropriation 
for the purpose of carrying out the objects of this Act. 

Approved February 26, 1909, p. 38. 

Section 1. Every person in the State of Nevada, who hunts, pur- 
sues, or kills any of the wild birds or animals, or who takes or catches 
any of the fishes that are protected by the laws of this State, without 
first procuring a license therefor, as provided in this Act, is guilty of a 
misdemeanor. 

Sec. 2. Licenses granting the privilege to hunt, pursue, or kill wild 
birds or animals, or to take or catch fish during the open season as fixed 
by law, shall be issued and delivered, upon application, by the County 
Clerk of any of the counties of this State, or- by the Fish and Game 
Warden of any of the counties of this State, which license shall have 

stamped thereon the words "Hunting License No State of Nevada. 

Expires February 28, 19... .," with the registration number and appro- 
priate year stamped therein. Said licenses shall be prepared and fur- 
nished the County Clerk by the Board of County Commissioners, which 
board shall take receipt therefor by number and quantity from the 
County Clerk, and the County Clerk shall be responsible therefor and 
shall account for the same to the Auditor of said county every three 
months after receipt thereof. 

Sec. 3. The license herein provided for shall be issued as follows : 

First — To any citizen of the United States who is a bona fide resident 
of the State of Nevada, upon the payment of one dollar. 

Second — To any citizen of the United States, not a bona fide resident 
of the State of Nevada, upon the payment of ten dollars. 

Third — To any person not a citizen of the United States, upon the 
payment of twenty-five dollars. 

Sec. 4. Every person applying for and procuring a license as herein 
provided, shall give to the County Clerk his name and resident address, 



SCHOOL LAWS OF NEVADA. 109 

which information shall be by the clerk or board entered in a book kept 
for that purpose, and provided by said Board of County Commissioners, 
together with a statement of the date of issuance, the number of license 
issued to such person and description of such person, by age. height, 
race, and color of the eyes and hair. 

Sec. 5. All licenses issued as herein provided shall be valid, and shall 
authorize the person to whom issued, to hunt, pursue, and kill game 
birds and animals and to take or catch fish during the open season fixed 
therefor by law, on and from the first day of March, 1909, until the date 
of expiration stamped thereon, but no license shall continue in force for 
a period longer than one year. 

Sec. 6. All moneys collected for licenses as provided herein, shall 
be paid into the county treasury to the credit of the Game and Fish 
Preservation Fund, which fund is hereby created, and the moneys in 
said fund shall be applied to the payment of the expenses incurred in 
the prosecution of offenders, and for the revenue to pay Fish and Game 
Wardens and deputies when necessary to hire Deputy Fish and Game 
Warden or Wardens. 

Sec. 7. Not more than one license shall be issued to any one person 
for the same fiscal year, except upon an affidavit by the applicant that 
the one issued has been lost or destroyed, and no license issued as herein 
provided shall be transferable or used by any other person than the one 
to whom it was issued. 

Sec. 8. Every person having a license as provided herein who while 
hunting or fishing refuses to exhibit such license upon the demand of 
any officer authorized to enforce the fish and game laws of the State, 
or any other peace officer of the State, shall be guilty of a misdemeanor, 
and every person lawfully having said license, who transfers or disposes 
of the same to another person to be used as a hunting or fishing license, 
shall forfeit the same. 

Sec. 9. Every person violating any of the provisions of this Act 
shall, upon conviction thereof, be punished by a fine of not less than 
ten dollars, nor more than one hundred dollars, or by imprisonment in 
the county jail for a term of not less than five, nor more than fifty days, 
or by both such fine and imprisonment. 

Sec. 10. There is hereby appropriated out of any moneys in the 
county treasury, not otherwise appropriated, the sum of seventy-five 
dollars for the purpose of carr^'ing out the provisions of this Act, to be 
used by the Board of County Commissioners for the printing and bind- 
ing of suitable books and blanks required herein, and for the purchase 
of metal licenses. The County Auditor is hereby directed to draw his 
warrant for said amount in favor of said Board of County Commis- 
sioners at such times and in such amounts as may be needed from time 
to time, and the Treasurer is hereby directed to pay the same. 

Sec. 11. The provisions of this Act shall not applj' to any person 
who, on his own land, during the open season, hunts, pursues, or kills 
any of the wild birds or animals, or takes or catches any of the fish pro- 
tected by the laws of this State, nor to women or to boys under fourteen 
years of age. 

Sec. 12. The license herein provided for shall be procured from the 
county of which the applicant is a resident, and may be used in any 



110 SCHOOL LAWS OF NEVADA. 

county in the State of Nevada. Non-residents of the State may procure 
a license in any county. 

Sec. 13. This Act shall take effect and be in force on and after its 
passage. 



SPECIAL SCHOOL LAWS. 



The foUov^^ing special laws were passed at the Twenty-fourth Session 
of the State Legislature. They may be found in full in the Statutes 
of 1909 : 

Authorizing the Board of School Trustees of East Ely School District 
to issue bonds, p. 14. 

Creating and confirming Las Vegas School District No. 12, in Lincoln 
County, p. 41. 

Amending the Act permitting the establishment of county high 
schools, p. 43. 

Authorizing the Board of School Trustees of Fallon District No. 4 to 
issue bonds, p. 57. 

Authorizing the City Council of Reno to sell McKinley Park to Reno 
School District No. 10, p. 77. 

Providing for the purchase of additional land for the University of 
Nevada, p. 101. 

Authorizing the Board of County Commissioners of Lyon County to 
issue bonds for county high school, p. 145. 

Authorizing the Board of County Commissioners of Humboldt County 
to pay certain high-school salaries and expenses, p. 159. 

Providing for a state loan and its repayment by issuing certain 
bonds, p. 184. 

Authorizing Boards of County Commissioners to establish district 
high schools, p. 226. 

Providing for the transfer of certain county and township funds to 
the support of the public schools, p. 245. 

Joint Resolution No. 1, amending Section 3 of Article XI of the Con- 
stitution, p. 340. 

Concurrent Resolution No. 3, amending Section 3 of Article XV of 
the Constitution, p. 349. 



INDEX TO SCHOOL LAWS. 



ARBOR DAY— Page. Section. 

Established 83 1 

How observed 83 2 

AUDITOR, COUNTY— 

To draw warrants 24 41 

To draw warrants •. 36 88 

To keep file of statements 25 42 

To enter state school tax 32 72 

To enter county school tax 33 76 

To enter district school tax 35 81 

Transfer money to credit of consolidated district 59 2 

Informed regarding emergency fund 61 6 

Enter special tax 64 9 

APPORTIONMENTS— 

For divided district 27 50 

For joint district 28 52 

Of State Distributive School Fund 37 89,90 

Of county school fund 37 90 

Of district school library fund 38 91 

Of Emergency School Fund 60 4, 5 

APPROPRIATIONS— 

Deputy Superintendents' salaries and expenses 40 2 

Emergency fund 59 1 

Normal training school 57 5 

General appropriations 94 

BOARD OF EDUCATION, STATE— 

Membership of 13 1 

Officers of 13 2 

Meetings of 13 3 

Meetings of 15 2 

Powers and Duties of — 

To adopt course of study 13 4 

To recommend library books 13 4 

To revoke certificates 13 4 

To have printing done 13 4 

To adopt seal 13 4 

To keep and publish record of proceedings 13 4 

To appoint Deputy Superintendents 16 4 

To remove Deputy Superintendents 17 10 

To define duties of Deputy Superintendents 17 9 

To grant certificates 17 11 

To prescribe rules for examinations 18 13 

To prepare questions for examinations 18 14 

To choose optional subjects for primary-school certificates ■. 18 15 

To grant life diplomas 19 19 

To grant life diplomas to graduates of State Normal School 20 22 

To grant certificates upon credentials 20 23, 24 

Authorize examining and grading of papers 20 25 

To grant special certificates 21 26 

To grant temporary certificates 21 27 

To invest State Permanent School Fund 36 87 

To determine amount of library money 38 92 

To approve school library books 38 93, 95 

To be members of the Text-Book Commission 40 1 

To conduct eighth grade and high school examinations 55 9 



112 INDEX TO SCHOOL LAWS. 

Board of Education (Continued) — Page. Section. 

To grant permission to establish normal training schools 56 1 

To constitute Normal Training School Board 56 2 

To certify to establishment of normal training school 57 5 

To approve distribution of Emergency School Fund 60 2, 4, 5 

To appoint Public Library Trustees 91 2 

BOARD OF EDUCATION, COUNTY— 

Board of County Commissioners to act as. 54 5 

Elected and appointed, when 54 6 

Duties of 55 7 

Powers of 52 5 

May provide dormitories 55 12 

Connection with normal training school 56 1 

To hold high school property 54 5 

BOARD OF OF UNIVERSITY, HONORARY— 

Membership 88 1 

Appointment 88 2 

Duties of 88 3 

Meetings of 88 4 

Compensation 89 5 

BONDS, SCHOOL— 

School District — 

For what purposes issued 62 1 

Must be submitted to vote 62 2 

Election for 62 3 

Term of, sale of 63 4 

Hov/ signed 68 5 

Registry of 63 6 

Tax for 63 7 

Changes in boundaiy of school district 64 8 

Taxes for, to constitute a lien 64 9 

Security of 65 1 

Manual Training — 

For what purpose issued 65 1 

Method of issuing 65 2 

CENSUS, SCHOOL— 

For division of school district 27 50 

Blanks for, how supplied 29 59 

Date of taking 29 60 

For emergency fund 60 3 

Basis of apportionment 37 89, 90 

Basis of apportionment 38 91 

Census Marshal — 

How appointed, who eligible 28 58 

Duties of 29 60, 61 

May administer oath 29 61 

Shall report joint district separately 30 63 

Appointed by Superintendent, when 30 64 

Submit report to Clerk 30 65 

Compensation 31 69 

Negligence, punishment 31 70 

Special Census Marshal — 

When and how appointed 31 68 

Report — 

What to contain 29 62 

Sworn to by Census Marshal 30 65 

Signed by Clerk 30 65 

Date of return 30 66 

Comparison and correction of 31 67 



INDEX TO SCHOOL LAWS. 113 

CERTIFICATES— Page. Section. 

Issued only by State Board of Education 17 11 

Examinations for, wlien held 17 12 

Examinations for, how conducted 18 13 

Primary-school 18 15 

Grammar-school 18 16 

High-school 19 17 

Additional subjects for 19 18 

Life diplomas 19 19, 21 

State educational diplomas 19 20 

Issued to graduates of State Normal School 20 22 

To graduates of approved universities, colleges, and normals 20 23 

To teachers holding life certificates of other States 20 24 

Special certificates 20 26 

Temporary certificates 21 27 

Age limit for 21 28 

Necessary for high-school teachers 55 7 

Rural grammar-school certificate 57 4 

Of graduation from normal training school 57 4 

CHILDREN— 

Five necessary for school district 27 49 

Resident children, defined 29 60 

Census children, defined 30 62 

Protection and discipline of 51 3 

When excused from attendance at school , 66 1 

When deemed truant 66 2 

When subject to arrest 67 5 

Employed children 68 7 

False statements concerning, when punished 68 8 

Dependent, neglected, and delinquent children 69 1 

Dependent and neglected children, custody of 74 7 

Guardianship of 74 8 

Delinquent children, care of 74 9, 10, 11 

Not to be committed to jail, when 76 15 

Expenses of 77 18 

Adoption of 77 19 

Removed from State, when 78 20 

Support of 79 24 

Interference with 79 27 

Protection of 79 1, 2 

CLERK OF BOARD OF SCHOOL TRUSTEES— 

May administer oath, when 22 31 

How chosen, duties of, compensation 22 33 

Give notice of meetings 23 35 

Must make report 24 38 

Issue warrants 24 41 

Examine and approve census report 30 65 

Notify County Commissioners of special tax levy 33 78 

Receive pay for damaged books 46 5 

Register voters 49 7 

Attest to bonds 63 5 

File criminal complaint, when 67 4 

CONTRACTS— 

Trustees not to be pecuniarily interested in 23 37 

Necessary for hiring teachers 24 40 

Expiration of book contracts 41 3, 4 

For text-books 43 8 

Bonds for compliance with 43 9 

In effect, when 44 10 

Void, when 44 11 

Existing contracts, not invalidated 47 10 



114 INDEX TO SCHOOL LAWS, 

CONSTITUTION. STATE— Page. Section. 

Article XI 9 

COMPULSORY EDUCATION— 

Act providing for 66 

COMMISSIONERS, COUNTY— 

May create, abolish, and change boundaries of school districts 26 47 

Establish joint districts 28 51 

Pay claims of Census Marshals 31 69 

Levy state school tax 32 72 

Levy county school tax 32 76 

Levy special school tax 33 78 

Authorize compensation for assessing and collecting tax 33 79 

Levy special school tax 34 80 

Call election for county high school 52 2 

Locate high school 53 3 

Revoke order of election 53 3 

Authorize county institutes 15 2 

Levy' special high school tax 54 4 

Act as County Board of Education, vphen 54 5 

Levy annual high-school tax : 55 8 

Notified regarding normal training school 56 1 

Enlarge school districts 59 1 

Abolish school districts 61 1, 2 

Levy special tax for redemption of bonds 63 7 

Concur in appointing probation officer 72 6 

Duties relative to deaf, dumb and blind 89 2 

Levy special tax for library fund 90 1 

Fix rate of county taxes 92 2 

DEAF, DUMB AND BLIND— 

Education of 89 

DIPLOMAS— 

Life diplomas 19 19, 21 

State educational 19 20 

Eighth-grade 55 9 

Life diplomas 20 22 

DISTRICTS, SCHOOL— 

One district, when 26 46 

Created, changed, and abolished 26 47 

One school, when 27 48 

Children necessary for 27 49 

Length of term in 27 50 

How divided 27 50 

How enlarged or consolidated 59 1, 2, 3 

Joint School District — 

How formed 27 51 

Union School District — 

Provisions for 58 1, 2, 3, 4 

Abolished School Districts — 

Disposal of money and property 61 1, 2. 3 

DISTRICTS, SUPERVISION— 

Established 40 98 

Superintendents of 16 5 

DORMITORIES— 

High school, provision for 55 12 

ELECTIONS— 

For Superintendent of Public Instruction 14 1 

For special school tax 33 78, 80 



INDEX TO SCHOOL LAWS. 115 

Elections (Continued) — Page. Section. 

For free text-books 45 1, 2 

For selecting School Trustees .47 2,3 

Manner of conducting 48 3-20 

For establishment of high schools 52 1 

For location of high schools 53 3 

For selecting County Board of Education 54 6 

For issuing school district bonds 62 2, 3, 4 

For selecting Regents of University 84 2 

EXAMINATIONS— 

Teachers — 

Date and place of conducting -. 17 12 

Manner of conducting 18 13 

Questions for 18 14 

Grading of papers 20 25 

Eighth Grade — 

Necessary for admission to high school 55 9 

Normal Training School — 

Necessary for admission - 56 3 

FISH AND GAME LAWS— 

Act relating to teaching of 95 

Provisions of 99 

FLAGS— 

National flag to be procured for public school 82 1, 2 

Design for state flag 83 1 

FUNDS, SCHOOL— 

State Permanent — 

Created 32 71 

Account of, how kept 35 82 

Report of securities for 35 83 

Custody of securities for 35 84 

Investment of 36 87 

State Distriiiitivc — 

Created 32 73 

Use restricted 32 74, 75 

How transferred to counties 35 85 

To receive interest of State Permanent School Fund 36 86 

County Treasurer to receive and pay out 36 88 

Method of apportionment 37 89 

Receive from State Library Fund 93 7 

County — 

Created 32 76 

Use of 33 77 

County Treasurer to receive and pay out — - 36 88 

Method of apportionment 37 89 

To receive fees from grazing 93 1 

District School Library — 

How apportioned 38 91 

How determined 38 92 

Free Text-Book- — 

How obtained 45 1 

How expended 45 2 

County High School— 

Provisions for 54 4 

Estimate for 55 7 

Expenditure of 55 8 

Normal Training School Salary — 

Created 57 5 

Emergency — 

Created 59 1 



116 INDEX TO SCHOOL LAWS, 

Funds, School (Continued) — Page. Section. 

Use of GO 2 

Basis of distribution of 60 4 

One apportionment of 60 5 

Transfer of, to County Treasurer 60 6 

Reversion 61 7 

Public Library — 

Created 90 1 

How expended 91 4 

HIGH SCHOOLS, COUNTY— 

Act permitting establistiment of 52 

HOSPITALS— 

Prohibited near schools 80 1, 2 

HOUSES OF ILL-FAME- 

Prohibited near schools 81 1 

HYGIENE— 

Must be taught 28 57 

INSTITUTES, TEACHERS'— 

State, District, County 15 2 

Duties of Deputy Superintendents, regarding 17 7 

INDIANS. See Children. 

JURY DUTY— 

Teachers exempt from 82 1 

LIBRARIES— 

District School — 

Apportionment for 38 91, 92 

Books for, how selected and purchased 38 93, 94 

Rules and regulations of 38 95 

Free Public — - 

How established 90 1 

Trustees of 91 2,3 

Manner of paying claims against 91 4 

MANUAL TRAINING— 

Materials for 46 7 

Bonds for 65 1, 2 

NORMAL SCHOOL, STATE— 

Graduates to receive certificates ■. 20 22 

In connection with University of Nevada i 85 7 

Graduates to receive life diplomas 86 7 

Diplomas may be revoked 86 7 

NORMAL TRAINING SCHOOL— 

Established, how 56 1 

Governed, how 56 2, 3 

Privileges of graduates 57 4 

Maintained, how 57 5 

Conducted, how 57 6 

OATH OF OFFICE— 

Teachers must take : 21 80 

May be administered by whom 22 31 

Census Marshal must take 28 58 

PROPERTY, SCHOOL— 

Protection of 80 1 

Exempt from taxation, when 92 5 

Exempt from taxation 28 56 



INDEX TO SCHOOL LAWS. 117 

REGENTS OF UNIVERSITY OF NEVADA— Page. Section. 

Election of 84 2 

Powers and duties of .*. 84 3, 4 

Meetings of 85 5 

Report of 85 6 

May grant and revoke diplomas 85 7 

Direct expenditures 87 12 

SECTARIANISM— 

Prohibited 11 9. 10 

Literature prohibited 28 55 

Preference in placing children 78 21 

SPECIAL SCHOOL LAWS— 

Passed by Legislature of 1909, synopsis of 110 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Member of State Board of Education 13 1 

Secretary of State Board of Education 13 2 

Election of 14 1 

Duties of 14 2 

Deliver property to successor 16 3 

Nominate Deputy Superintendents 16 5 

Confer authority upon Deputy Superintendents 17 8 

Administer oath 22 31 

Approve plans for schools 23 36 

Apportion funds to joint districts 28 52 

Appoint Trustees for joint districts 28 53 

Supply blanks for census 29 59 

Appoint Census Marshal, when 30 64 

Compare reports of Census Marshals 31 67 

Order special census, when 31 68 

Apportion school money 37 89, 90 

Apportion school library money 38 91 

Secretary of Text-Book Commission 41 2 

Appoint members of County Board of Education, when 55 6 

Recommend union school districts 58 1 

Appoint Trustees, when 59 3 

Apportion emergency fund 60 4 

Arrange for education of deaf, dumb and blind 89 1, 2 

SUPERINTENDENTS, DEPUTY— 

Provided for 16 5 

Who eligible to ofHce 16 6 

Duties of 16 7 

Powers of 17 8 

Rules for 17 9 

Removal of 17 10 

Act as Deputy Examiner 18 13 

Act as educational examiner 20 25 

May administer oath 22 31 

Salaries of 39 97 

Appropriation for 40 2 

Exempt children from school attendance 66 1 

Assist in selecting probation officer 72 6 

SUPERINTENDENT. CITY— 

Office created, when ; who eligible 24 39 

SUPERINTENDENT, COUNTY— 

Office abolished 16 4 

TAXES— 

Ad valorem state school 32 72 

County school 32 76 



118 INDEX TO SCHOOL LAWS. 

Taxes (Continued) — Page. Section. 

Special school 33 78, 80 

District school '. 34 81 

Special for free text-books 45 1, 2 

Special for county high school 54 4 

Annual for county high school 55 8 

Special for bond issue 63 7 

Annual levy of County Commissioners 92 2, 3, 4 

Exemptions from 92 5 

State levy 94 1 

TEACHERS— 

How employed 21 29 

To take oath 21 30 

Must keep register :.. 22 32 

Salaries of 24 40 

Authority of 52 4 

Of high schools, how employed 55 7 

Shall notify of truancy 66 2 

Protection of : 79 2 

Exempt from jury duty 82 1 

In University 85 3 

Must teach fish and game laws 95 2, 3 

See also Certificates and Examinations. 

TEXT-BOOKS— 

Contracts for 41 3 

Changes of 41 4 

In geography, special matter 42 5 

How adopted 42 6 

Standard of use 43 7 

Prices of and depositories for 43 8 

Prices of, made public 44 12 

Use compulsory 44 13 

Contracts for, when in effect 44 10 

Contracts for, when void 44 11 

Free — 

How provided '. 45 1, 2 

How disposed of 46 4 

Parents responsible for 46 5 

Credits for care of 46 6 

Authorized supplementary 46 8 

TEXT-BOOK COMMISSION— 

An Act to create 40 

TOWN-SITES— 

Block in, reserved for school purposes 82 2 

TREASURER, COUNTY— 

To pay warrants '. 24 41 

Not to receive fees, when 33 79 

Duties of 36 88 

To receive emergency fund 60 6 

To countersign school bonds 63 5 

To pay and call in school bonds 63 7 

TREASURER, STATE— 

Custodian of school securities 35 84 

Pay school money to County Treasurers 35 85 

Pay interest into State Distributive School Fund 35 86 

Purchase securities, when 36 87 

TRUSTEES, SCHOOL— 

Organization of Board of 22 33 



INDEX TO SCHOOL LAWS. 119 

Trustees, School (Continued) — Page. Section. 

Meetings of 23 34 

Legal action of 23 35 

Corporate powers of 23 36 

Not interested in contracts 23 37 

Employ teachers 24 40 

Visit schools 25 43 

Powers and duties of 25 44 

Further powers 26 45 

Appointment of, for joint district - 27 51 

Appoint Census Marshal 28 58 

Call election for special tax 33 78, 80 

Levy special tax 34 81 

Purchase library books 38 94 

Election of 47 

Powers of 51 

Of union school districts 58 2 

Of enlarged school districts 59 3 

Submit question of bonds to vote 62 2 

Investigate charges of truancy 67 4 

Appoint and remove attendance officer 67 5 

Provide rooms for truants 67 6 

Procure flag for schools 82 1, 2 

TRUANCY. See Compulsory Education. 

UNIVERSITY OF NEVADA— 

Name of 83 1 

Establishment of 84 1 

Regents of 84 2 

How managed 84 3,4 

Degrees granted 85 7 

Duties of President of 86 8 

Regulations concerning 87 9, 10, 11 

Expenses of 87 12 

Ores to be analyzed at 87 1 

Board of Visitors of 88 

VIRGINIA CITY SCHOOL OF MINES— 

Created 89 1 

Appropriation for 95 76 



LIBRARY OF CONGRESS 





